W. Frank Smart, Jr. v. Commonwealth

COURT OF APPEALS OF VIRGINIA Present: Judges Elder, Kelsey and McClanahan Argued at Richmond, Virginia W. FRANK SMART, JR. MEMORANDUM OPINION∗ BY v. Record No. 1835-06-2 JUDGE ELIZABETH A. McCLANAHAN AUGUST 28, 2007 COMMONWEALTH OF VIRGINIA FROM THE CIRCUIT COURT OF ORANGE COUNTY Daniel R. Bouton, Judge Mark J. Yeager for appellant. Josephine F. Whalen, Assistant Attorney General II (Robert F. McDonnell, Attorney General, on brief), for appellee. W. Frank Smart, Jr. appeals his bench trial conviction for rape in violation of Code § 18.2-61(A)(iii). He argues the evidence was insufficient to…