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FIELDS v. COMMONWEALTH

207 S.E.2d 822 (1974)

Calvin Dan FIELDS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 28, 1974.

Attorney(s) appearing for the Case

John C. Lowe, Charlottesville, Va. (T. C. Lea, Jr., Culpeper, Va., on brief), for plaintiff in error.

Linwood T. Wells, Jr., Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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

PER CURIAM.

Upon an indictment charging Calvin Dan Fields, defendant, with breaking and entering in the nighttime a storehouse of Geest Funeral Home, Inc., with intent to commit larceny and with stealing a negotiable check in the amount of $51.20, the trial court, sitting without a jury, found defendant guilty of breaking and entering. Code § 18.1-89. His punishment was fixed at five years in the penitentiary with three years suspended. The sole question involved...

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