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Home / Opinion Digests / Criminal – Breaking & Entering – Sufficiency – Reversal (access required)

Criminal – Breaking & Entering – Sufficiency – Reversal (access required)

Defendant's conviction for daytime breaking and entering of a motel room with intent to commit robbery, in violation of Code § 18.2-90, is reversed because there was insufficient evidence to convict defendant of the "breaking" element of the offense. There is insufficient evidence to prove that an actual or constructive breaking occurred. The victim testified ...

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