Williams v. Commonwealth

The accused was convicted under an indictment charging him with having broken and entered, “in the night time”, the Snack Bar in the city of Norfolk, with intent to commit larceny therein, and with the larceny of one pistol and $121.65 in cash, the property of the proprietor, Doyle R. Lynch.

Trial by jury was waived and the cáse was heard by the judge who found the accused guilty of “storebreaking with intent to commit larceny” and sentenced him to serve two years in the penitentiary. We granted a writ of error to the judgment.

The Commonwealth’s evidence indicated that the alleged crime…