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HITT v. COM.

Record No. 1276-03-4.

598 S.E.2d 783 (2004)

43 Va.App. 473

Andy Dale HITT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

July 13, 2004.

Attorney(s) appearing for the Case

Felipita Athanas, Appellate Defender (Public Defender Commission, on briefs), for appellant.

Deana A. Malek, Assistant Attorney General (Jerry W. Kilgore, Attorney General; Jennifer R. Franklin, Assistant Attorney General, on brief), for appellee.

Present: ELDER, HUMPHREYS, JJ., and JACOBSON, Retired Judge.

ROBERT J. HUMPHREYS, Judge.

Andy Dale Hitt appeals his conviction, after a bench trial, for statutory burglary, in violation of Code § 18.2-91.1 Hitt contends that the trial court erred in finding the evidence sufficient, as a matter of law, to support the conviction because the Commonwealth failed to establish that he broke and entered a dwelling house, with the intent to commit larceny. We agree and reverse Hitt's conviction for...

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