(DOWNLOAD) "Hughes V. Commonwealth" by Virginia Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Hughes V. Commonwealth
- Author : Virginia Court of Appeals
- Release Date : January 21, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
As a member of the panel that first considered Caleb Hughes's appeal, I voted to reverse his conviction on the ground that the evidence was insufficient to prove that he intended to defile the female child when he abducted her. See Hughes v. Commonwealth, 16 Va. App. 587, 602, 431 S.E.2d 906, 922 (1993). I am now persuaded that this view was incorrect. I erroneously concluded that, because the evidence did not exclude an intent by Hughes to commit acts against the child other than to defile her, the evidence was insufficient to prove the charged crime. I am now persuaded that by applying the correct legal principles, the evidence is sufficient to prove beyond a reasonable doubt that Caleb Hughes intended to defile the child when he abducted her. Because my vote is pivotal to decide this issue en banc, I write separately in order to explain the reasons that compel me to change my vote.