Johnson v. Commonwealth

Orlando Johnson appeals from a judgment based upon the verdict of a jury finding him guilty of statutory burglary. Code § 18.1-88 [Repl. Vol. I960]. He does not challenge the sufficiency of the evidence to sustain the conviction, but argues for a reversal because the trial court refused to grant certain instructions offered by him on the subject of alibi.

The Commonwealth’s evidence showed that the Industrial Drive-In, a restaurant in the city of Danville, was broken into on the night of March 16 or the early morning of March 17, 1967. The owner testified that he closed the restaurant about…