CRUZ v. COMMONWEALTH

Record No. 1067-89-4.

406 S.E.2d 406 (1991)

Martin Santos CRUZ v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

June 18, 1991.


Attorney(s) appearing for the Case

Clayton B. Tasker, for appellant.

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

Present: DUFF, KEENAN and WILLIS, JJ.


KEENAN, Judge.

Martin S. Cruz was convicted by a jury of entering a dwelling house in the nighttime, while armed with a deadly weapon, with the intent to commit rape in violation of Code § 18.2-90. In this appeal, Cruz contends that the evidence was insufficient to support his conviction because one day earlier, while Cruz was burglarizing the same house, the victim had suggested that he leave and return the next evening. We affirm Cruz' conviction, finding that...

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