Taylor v. Commonwealth

Opinion

BARROW, J.

In this criminal appeal, we hold that common law trespass is not a lesser included offense of statutory burglary under Code § 18.2-91, even when the indictment specifically charges that a dwelling was burglarized.1 In a trial for statutory burglary of a dwelling, an accused is not, therefore, entitled to an instruction permitting the jury to return a verdict of guilty of common law trespass instead of statutory burglary.

The defendant was discovered one morning in someone else’s home which he had entered after forcing open a locked door. When discovered, he immediately fled…