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Home / Opinion Digests / Criminal – Indictment – Variance – B&E – Intent (access required)

Criminal – Indictment – Variance – B&E – Intent (access required)

The Court of Appeals upholds defendant's conviction of breaking and entering with intent to commit assault and battery, on an indictment that charged B&E in violation of Va. Code Sect. 18.2-91, and A&B in violation of Code Sect. 18.2-57. The sole issue on appeal is whether a fatal variance existed between the offense charged in the ...