LAY v. COM.

Record No. 1957-06-4.

649 S.E.2d 714 (2007)

50 Va. App. 330

John Robert LAY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Alexandria.

September 4, 2007.


Attorney(s) appearing for the Case

Michael F. Devine (Devine, Connell & Sheldon, PLC, on brief), for appellant.

Richard B. Smith, Special Assistant Attorney General (Robert F. McDonnell, Attorney General, on brief), for appellee.

Present: KELSEY, HALEY and PETTY, JJ.


D. ARTHUR KELSEY, Judge.

A jury convicted John Robert Lay of statutory burglary and abduction. On appeal, Lay challenges only his burglary conviction. He claims the jury instruction given in his case limited the prosecution's theory to an actual breaking with physical force against the entry portal. From that premise, Lay asserts that the evidence — even viewed in the light most favorable to the Commonwealth —...

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