Newton v. Commonwealth , 212 Va. 415 ( 1971 )

Per Curiam.

The defendant, Franklin Scott Newton, waived a jury trial and was convicted by the trial court of statutory rape and incest.

Viewing the evidence in the light most favorable to the Commonwealth, we find it insufficient to establish penetration, an essential 'element of each of these offenses.

Therefore, we reverse the convictions and remand for new trials if the Commonwealth be so advised.

Reversed and remanded.