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TAYLOR v. COM.

Record No. 0027-88-2.

400 S.E.2d 794 (1991)

Richard Alfonso TAYLOR, Sometimes Known as Richard Alphonso Taylor v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

February 5, 1991.

Attorney(s) appearing for the Case

David W. Holland, for appellant.

David A. Rosenberg, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BARROW, BENTON and COLE, JJ.

BARROW, Judge.

In this criminal appeal, we hold that common law trespass is not a lesser included offense of statutory burglary under Code § 18.2-91, even when the indictment specifically charges that a dwelling was burglarized.1 In a trial for statutory burglary of a dwelling, an accused is not, therefore, entitled to an instruction permitting the jury to return a verdict of guilty of...

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