Hall v. Commonwealth

Indicted for statutory burglary under Code § 18.2-91, David Guy Hall was found guilty in a bench trial and sentenced to imprisonment for five years. The sole issue on appeal is whether the evidence is sufficient to support the conviction.

The theory of the Commonwealth is that the defendant was a lookout, aiding and abetting a burglar who escaped from the premises in question. The defendant, who did not testify at trial, contends the proof shows mere presence at the scene of the crime. We agree with the defendant.

According to settled principles of appellate review, we will examine the evidence…