Gentry v. State

(After stating the foregoing facts.) The motion for the new trial is on the general grounds only, and it is contended by counsel for the defendant that although the recent-possession of the revolver by the defendant unaccounted for by him to the satisfaction of the jury might be sufficient to authorize the conviction of the defendant for some crime, he could only be guilty of larceny from the house and not burglary because it was nowhere shown that there had been a breaking and entering of the dwelling house within the meaning of the law relating to burglary as set out in Code § 26-2401.

It is…