SCOTT v. COM.

Record No. 2023-05-1.

636 S.E.2d 893 (2006)

49 Va. App. 68

Christopher Roosevelt SCOTT v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Chesapeake.

November 14, 2006.


Attorney(s) appearing for the Case

Brooke E. Woodzell, Assistant Public Defender (Norfolk Public Defender's Office, on brief), for appellant.

Donald E. Jeffrey, Assistant Attorney General (Robert F. McDonnell, Attorney General; Office of the Attorney General, on brief), for appellee.

Present: ELDER, FRANK and HALEY, JJ.


LARRY G. ELDER, Judge.

Christopher Roosevelt Scott (appellant) appeals from his bench trial conviction for statutory burglary in violation of Code § 18.2-91. On appeal, he contends the trial court's refusal to dismiss the indictment was reversible error because, while the indictment charged statutory burglary based on the allegation that he "feloniously did enter in the nighttime . . . with intent to commit larceny," it was undisputed that the entry actually...

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