McDOUGAL v. COMMONWEALTH


186 S.E.2d 18 (1972)

212 Va. 547

James Alexander McDOUGAL v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

January 17, 1972.


Attorney(s) appearing for the Case

Kenneth R. Klaffky, Hopewell, for plaintiff in error.

Robert E. Shepherd, Jr., 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.


PER CURIAM.

James Alexander McDougal was found guilty of statutory burglary by a jury and sentenced to 12 months in jail and fined $500. The uncontradicted evidence is that defendant entered a service station in Hopewell at 1:45 A.M. on July 23, 1970. Although entry was obtained without breaking, the defendant had no permission to enter. A cash register was damaged in what appeared to be an attempt to pry open its money drawer.

Immediately after the occurrence...

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