Roach v. Commonwealth

*956Plaintiff in error was indicted for unlawfully and feloniously entering, in the nighttime, while armed with a deadly weapon, the Capeville Bank, with intent to commit larceny. The indictment charged a violation of section 4439 of the Code, which reads:

“If any person armed with a deadly weapon shall enter any banking house in the daytime or in the nighttime with intent to commit larceny of money, bonds or notes, or other evidence of debt therein, he shall be punished with death, or by confinement in the penitentiary for life, or for any term not less than five years.”

Upon his arraignment the…