Davison v. Commonwealth
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The Supreme Court affirmed the decision of the court of appeals affirming Defendant's conviction of forcible sodomy and aggravated sexual battery, holding that the trial court did not err in instructing the jury.
In its published opinion the court of appeals refused Defendant's assignment of error challenging the sufficiency of the evidence but considered the assignment of error regarding whether the trial court erred in giving jury instruction that combined the alternative theories of force, the victim's mental incapacity or physical helplessness as the means by which the sexual acts were committed against the victim's will. The court of appeals held that the trial court correctly instructed the jury because the evidence was sufficient to support a finding that Defendant committed both crimes against the victim's will by each of the means contained in the instructions - force, the victim's physical helplessness, or her mental incapacity. The Supreme Court affirmed, holding that the analysis, reasoning and holdings of the court of appeals were correct.
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