MOSS v. COMMONWEALTH


180 S.E.2d 535 (1971)

Melvin Chenault MOSS v. COMMONWEALTH of Virginia.

Supreme Court of Appeals of Virginia.

April 26, 1971.


Attorney(s) appearing for the Case

Andrew W. Wood, Richmond (Bremner, Byrne & Baber, Richmond, on brief), for plaintiff in error.

Vann H. Lefcoe, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


SNEAD, Chief Justice.

On June 23, 1969 Melvin Chenault Moss, defendant, was tried and convicted by the court without the intervention of a jury on an indictment charging him with statutory burglary. Moss was sentenced to a term of five years in the State Penitentiary, two of which were suspended. From that judgment we granted Moss a writ of error.

The only assignment of error relied upon is that the evidence was...

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