Stephens v. State

1. On. the trial of an indictment charging that the defendant did break and enter a designated place of business “with intent to commit a larceny” and did carry away named articles of the value of $130, it is not error to charge the definition of burglary as contained in Code § 26-2401 containing the words “with intent to commit’a felony or larceny,” for the reasons (a) that the larceny here involved is a felony under Code § 26-2630, and (b) that no issue having been raised as to whether any felony other than larceny was involved in the breaking and entering, the jury could not have been…