Patterson v. Commonwealth

The defendant, Nathaniel Patterson, was indicted for and convicted of breaking and entering in the nighttime the dwelling house of Wilhelmina Horton with intent to commit rape. Punishment was fixed at 15 years in the penitentiary. The sole question on appeal is whether the evidence was sufficient to establish the requisite intent to commit rape.

The evidence shows that on a rainy night in July, 1973, the defendant unlawfully entered the Horton residence, in the City of Richmond, through a bathroom window. When Mrs. Horton, who was with her son in another room watching television, heard a…