Scott v. Commonwealth

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 occurred during daylight hours, and the indictment charged only an entering, rather than a breaking and entering as required to support a…