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Home / Opinion Digests / Criminal – Intent To Rape – Inference – Presence In Home (access required)

Criminal – Intent To Rape – Inference – Presence In Home (access required)

A trial court’s error in instructing the jury that defendant’s intent to rape could be inferred from his unauthorized presence in the complainant’s home was harmless in light of other evidence before the jury, and the Virginia Supreme Court upholds defendant’s conviction for breaking and entering a dwelling house with intent to commit rape. The Court ...