Cruz v. Commonwealth

Opinion

KEENAN, J.

Martin S. Cruz was convicted by a jury of entering a dwelling house in the nighttime, while armed with a deadly weapon, with the intent to commit rape in violation of Code § 18.2-90. In this appeal, Cruz contends that the evidence was insufficient to support his conviction because one day earlier, while Cruz was burglarizing the same house, the victim, had suggested that he leave and return the next evening. We affirm Cruz’ conviction, finding that the evidence was sufficient to establish a constructive breaking, since the suggestion that he return was obtained by threats of…