KNOX v. COM.

Record No. 821550.

304 S.E.2d 4 (1983)

Billy Joe KNOX v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

June 17, 1983.


Attorney(s) appearing for the Case

Peter McBride, Chesapeake, for appellant.

Jacqueline G. Epps, Sr. Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.


POFF, Justice.

As framed by the parties, the issue on this appeal is whether one spouse can be guilty of statutory burglary of a dwelling leased and occupied by the other spouse.

In May 1981, Shirley Knox, a victim of physical abuse by her husband, Billy Joe Knox, left the marital abode and moved with her children into an apartment she had rented. In November, Knox broke open Shirley's front door, entered her bedroom, and assaulted his wife and her paramour...

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