CARTER v. COMMONWEALTH


100 S.E.2d 681 (1957)

199 Va. 466

James CARTER v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

December 2, 1957.


Attorney(s) appearing for the Case

W. A. Hall, Jr., Richmond, for plaintiff in error.

Reno S. Harp, III, Asst. Atty. Gen. (Kenneth C. Patty, Atty. Gen., on the brief), for defendant in error.

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


BUCHANAN, Justice.

The defendant, James Carter, was tried by a jury on a charge of breaking and entering in the nighttime with intent to commit larceny, found guilty and his punishment fixed at three years in the penitentiary. The record before us on this appeal contains none of the evidence but only the indictment and the order recording the verdict and purporting to sentence the defendant. He states in his brief that the evidence as to whether "he feloniously entered...

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