Bell v. Commonwealth

The question in this appeal is whether one who has been convicted of statutory burglary may be convicted of conspiracy to commit that same offense.

Albert Eugene Bell was convicted of statutory burglary under the provisions of Code § 18.2-91. He subsequently moved to quash the indictment charging him, under the provisions of Code § 18.2-22, with conspiracy to commit statutory burglary and grand larceny on the ground that the conspiracy was merged into the consummated statutory burglary of which he had been convicted. The trial court overruled the motion, heard the evidence without the…