Lewis v. Commonwealth

The defendant, Carl Milam Lewis, was found guilty by a jury of statutory burglary under Code § 18.1-89 and his punishment was fixed at nine years in the State penitentiary. To review the judgment entered on that verdict we granted the defendant a writ of error.

The sole question is whether the lower court erred in overruling defendant’s motion for a mistrial because of an improper question and statement by the Commonwealth’s Attorney during the trial.

The evidence shows that there was a breaking and entering of a storehouse building of Danville Vending Company, Inc., located within one mile of…