Dixon v. Commonwealth

The accused was tried upon an indictment containing two counts of statutory burglary. One charged him with breaking and entering a storehouse in the city of Danville in the nighttime with the intent to commit rape; the other charged the same act with the intent to commit larceny. §§ 18-160 and 18-161, Code of Virginia, 1950, as amended.

The trial court dismissed the intended larceny count and the jury found the accused guilty of “* * * statutory burglary with intent to commit rape * * *” and fixed his punishment at fifteen years in the penitentiary. The case is before us upon the judgment…