Velasquez v. Com.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This appeal presents the question whether the Court of Appeals erred in affirming the circuit court's ruling in granting an instruction telling the jury that an intent to rape could be inferred from the defendant's unauthorized presence in the complainant's home. 1

Javier Amilcar Velasquez was tried by a jury in the Circuit Court of Fairfax County on a two-count indictment charging (1) rape and (2) breaking and entering a dwelling house with the intent to commit rape. He was convicted of rape but found not guilty of the statutory burglary charge.…