JOHNSON v. COM.

Record No. 1069-92-3.

444 S.E.2d 559 (1994)

Lacy Hughes JOHNSON v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 31, 1994.


Attorney(s) appearing for the Case

Gregory T. Casker, Danville (Daniel, Vaughan, Medley & Smitherman, P.C., on brief), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Stephen D. Rosenthal, Atty. Gen., on brief), for appellee.

Present: BENTON, KOONTZ and WILLIS, JJ.


KOONTZ, Judge.

Lacy Hughes Johnson (Johnson) appeals his conviction in a bench trial on a charge of breaking and entering with the intent to commit a misdemeanor, Code § 18.2-92. Johnson asserts that Code § 18.2-92 requires that at the time of entry by an accused, the dwelling must be physically occupied. Johnson further asserts that the evidence was insufficient to show that he broke and entered the home or that he did so with the requisite intent to commit...

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