Schaum v. Commonwealth

Richard Paul Schaum (Schaum or defendant), who waived a trial by jury, was convicted by the trial court of burglary, Code § 18.1-89, and sentenced to confinement in the penitentiary for a term of three years.

We granted a writ of error to review Schaum’s claims that illegally seized evidence was admitted at his trial and that the evidence is not sufficient to support his conviction.

The residence of Adeline Nicora at 220 Mayflower Road in Portsmouth was burglarized on the night of October 31, 1972. The burglary was discovered by Detective J. H. Simpson, Jr., who went to the vicinity in response…