PATTERSON v. COMMONWEALTH

Record No. 740508.

213 S.E.2d 752 (1975)

215 Va. 698

Nathaniel PATTERSON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 28, 1975.


Attorney(s) appearing for the Case

C. Thomas Mustian, John Dirffie Tyler, Richmond (Edward E. Lane & Assoc., Inc., Richmond, on brief), for plaintiff in error.

James E. Kulp, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant in error.

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


PER CURIAM.

The defendant, Nathaniel Patterson, was indicted for and convicted of breaking and entering in the nighttime the dwelling house of Wilhelmina Horton with intent to commit rape. Punishment was fixed at 15 years in the penitentiary. The sole question on appeal is whether the evidence was sufficient to establish the requisite intent to commit rape.

The evidence shows that on a rainy night in July, 1973, the defendant unlawfully entered the Horton...

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