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SMITH v. COM.

Record No. 0144-89-3.

394 S.E.2d 30 (1990)

Aaron William SMITH v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 17, 1990.

Attorney(s) appearing for the Case

Perry M. Harrold, for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: COLEMAN, DUFF and COLE, JJ.

DUFF, Judge

Aaron William Smith appeals his conviction of breaking and entering with the intent to unlawfully wound the occupants of a dwelling house. Two issues are presented by the appeal: (1) whether Smith was convicted of a crime different in nature from that charged in the indictment, and (2) whether the evidence was sufficient to support the conviction? We find the crime of breaking and entering with the intent to unlawfully wound is of the same general nature...

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