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NAPPER v. COM.

Record No. 790318.

260 S.E.2d 216 (1979)

Samuel Ellis NAPPER, Jr. v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

November 21, 1979.

Attorney(s) appearing for the Case

Bobby R. Osborne, Roanoke (Leon P. Ferrance, Roanoke, on brief), for appellant.

Robert E. Bradenham, II, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen., on brief), for appellee.

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

HARRISON, Justice.

Samuel Ellis Napper, Jr., was indicted for statutory burglary. He waived a jury, was tried by the court, found guilty and sentenced to confinement in the penitentiary for a term of two years. The sole issue on appeal is whether the evidence is sufficient to sustain the conviction.

At approximately 3:40 a. m., on April 21, 1978, Crowell's Sport Shop, located on Highway 460 in Bedford County, was burglarized. The police responded to a burglar...

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