Whitbeck v. Commonwealth

The sole question presented by this criminal appeal is whether the evidence is sufficient to sustain the trial court’s judgment of conviction.

David E. Whitbeck, the defendant, was indicted for statutory burglary. He was tried by the court without a jury, was found guilty, and was sentenced to serve five years in the penitentiary. He was granted a writ of error.

The evidence shows that Ronald Thomas, Stephen Van Dyke, and the defendant met at a bar in Johnstown, New York, on the evening of July 22, 1967. They decided to travel to Virginia to visit relatives of Thomas who lived in Richmond,

The…