Lea v. Commonwealth

Opinion

COLEMAN, J.

Gregory Darrell Lea was convicted of one count of burglary with intent to commit a felony and one count of assault and battery. Lea appeals on the grounds that (1) the evidence was insufficient to identify him as the perpetrator of the crimes, and (2) the trial judge erred by denying his jury instruction on the lesser-included offense of burglary with intent to commit a misdemeanor. Upon review of the record, we hold that the evidence was sufficient to support *302Lea’s conviction and that the trial judge did not err by refusing to instruct the jury on burglary with intent to…