Black v. Commonwealth

In a bench trial, Jon Rodney Black was convicted of attempted statutory burglary of the residence of Sidney and Patricia Masri. Code § 18.2-91. He was sentenced to serve one year in the penitentiary, suspended on condition that he serve six months in jail and be of good behavior for two years. On appeal, Black contends that (1) the Commonwealth failed to prove that the attempted entry into the house was with intent to commit larceny and (2) that the evidence was insufficient to establish his guilt beyond a reasonable doubt.

I. Facts.

The evidence shows that about 4:00 p.m. on January 3, 1980,…