Lay v. Commonwealth

D. ARTHUR KELSEY, Judge.

A jury convicted John Robert Lay of statutory burglary and abduction. On appeal, Lay challenges only his burglary conviction. He claims the jury instruction given in his case limited the prosecution’s theory to an actual breaking with physical force against the entry portal. From that premise, Lay asserts that the evidence—even viewed in the light most favorable to the Commonwealth—does not support that theory. We disagree with Lay’s first premise and, thus, need not address his second.

I

On appeal, we review the evidence in the “light most favorable” to the…