Griffin v. Commonwealth

Opinion

BENTON, J.

Reginald Lee Griffin was convicted of statutory burglary based on an indictment which read, in relevant part, that he “did break and enter in the daytime the dwelling house of James A. Whitaker, with the intent to commit larceny.” Griffin claims that because the evidence showed that the offense occurred in the evening, the evidence varied from the indictment and, therefore, was insufficient to support the conviction. We affirm the conviction.

The evidence proved that on a November day, Vincent Whitaker and Griffin were in the house in which Vincent Whitaker and his brother,…