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BROWN v. COMMONWEALTH

176 S.E.2d 813 (1970)

Marshall J. BROWN v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

October 12, 1970.

Attorney(s) appearing for the Case

Daniel E. Bray, Jr., Richmond, for plaintiff in error.

William G. Broaddus, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., Walter H. Ryland, Asst. Atty. Gen., on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON and HARMAN, JJ.

SNEAD, Chief Justice.

Marshall J. Brown, defendant, was indicted for statutory burglary. He pleaded not guilty to the crime charged and waived trial by jury. At the conclusion of the Commonwealth's evidence and again at the conclusion of all the evidence defendant moved to strike the Commonwealth's evidence on the ground that a "prima facie" case had not been proven. The trial court overruled defendant's motion, found him guilty as charged and fixed his punishment...

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