Sodomy Virginia Inadmissible Statements Lawyers Richmond City
KING V. COMMONWEALTH
The defendant had committed sodomy a week or 10 days previously disclosed by victim to his mother. Defendant gave a confession to the police. Defendant contended that the testimony of the mother relating to the statements that the victim made to her were inadmissible and should have been rejected by the trial court.
He asserted that the only competent evidence against him was his uncorroborated admissions and confessions and that they standing alone were not sufficient to establish the corpus delicti of the crime charged. Defendant sought review of his conviction from the Circuit Court of Richmond City (Virginia) of sodomy per os on the person of a three-year-old boy.
- Whether the testimony of the mother relating to the statements that the victim made to her was inadmissible?
This court finds that the evidence that was sought to be admitted was a statement made a week or ten days after the alleged attack. This narrative statement could not be received as a recent complaint. To do so would be to permit the mother to testify to utterances of her three-year-old child without the safeguards established by law to give sanctity to this exception to the hearsay rule. Eliminating the statement of the three-year-old child to his mother, the case of the Commonwealth rested solely on the extrajudicial confessions, was without corroboration by any other evidence, and the entire case of the Commonwealth crumbled. The court reversed the judgment of the trial court that convicted defendant and remanded for a new trial.
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Article written by A Sris
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