Cox v. Commonwealth

Charles F. Cox (Cox or defendant), who waived trial by jury, was convicted by the trial court of entering a bank, armed with a deadly weapon, with the intent to commit larceny therein, Code § 18.2-93 1 , and with the use of a pistol in the commission of robbery, Code § 18.2-53.1 2 . The court fixed Cox’s punishment at 20 years in the penitentiary on the first charge 3 and a one year penitentary sentence was imposed on the second charge. Although conceding that the evidence establishes his guilt of common-law robbery, Cox argues that his convictions of the statutory offenses should be reversed…