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DIXON v. COMMONWEALTH

89 S.E.2d 344 (1955)

197 Va. 380

Willie Alfonso DIXON v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 10, 1955.

Attorney(s) appearing for the Case

Sanford & Clement, Danville, for plaintiff in error.

J. Lindsay Almond, Jr., Atty. Gen., R. D. McIlwaine, III, Asst. Atty. Gen., for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER, SMITH and WHITTLE, JJ.

WHITTLE, Justice.

The accused was tried upon an indictment containing two counts of statutory burglary. One charged him with breaking and entering a storehouse in the City of Danville in the nighttime with the intent to commit rape; the other charged the same act with the intent to commit larceny. §§ 18-160 and 18-161, Code of Virginia, 1950, as amended.

The trial court dismissed the intended larceny count and the jury found the accused guilty of...

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