United States v. Ritchie Daryl Lavender, United States of America v. Jerry Eugene Ross

ALBERT V. BRYAN, Senior Circuit Judge:

Ritchie D. Lavender and Jerry E. Ross appeal their convictions on two counts of a three-count indictment. 1 Their offenses were laid as committed, during October 1977, “within the territorial jurisdiction of the United States of America,” specifically, on the Blue Ridge Parkway in the Western District of Virginia.

They were arraigned under the first count for the unlawful and felonious breaking and entering of the dwelling of another, with intent to commit larceny, contrary to Va. Code § 18.2-91 (1975 Repl. Vol.), as embraced by the Assimilative Crimes…