Allen v. Commonwealth
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Based on a confession Defendant made to his daughter that was repeated to the police, the grand jury returned a true bill for aggravated sexual battery. The circuit court found Defendant guilty of aggravated sexual battery. The court of appeals affirmed, concluding that the circuit court did not err in holding that sufficient evidence existed for the Commonwealth to prove the corpus delicti of aggravated sexual battery and that sufficient evidence existed to convict Defendant for the crime of aggravated sexual battery. The Supreme Court reversed, holding that although the evidence was sufficient to show Defendant confessed to aggravated sexual battery, the testimony of Defendant’s daughter failed to provide independent evidence that slightly corroborated the corpus delicti of aggravated sexual battery, and thus the circuit court’s judgment against Defendant lacked sufficient evidence to support it.
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