Griffin v. State

Deen, Presiding Judge.

1. Where, as here, the defendant is indicted under the same set of facts in two counts for burglary and rape, a verdict finding him guilty of rape but not guilty of burglary is not void for contradiction as a matter of law. To convict of the crime of burglary (Code § 26-1601) it is not sufficient merely to prove an illegal entry, but there must also be evidence from which the jury may conclude that there was an intent to commit a theft or felony. "[T]he question of intent is for the determination of the jury under the facts and circumstances proved.” Wells v. State, 144…