Wright v. Commonwealth

Citations

• 82 Va. 183
• 1886 Va. LEXIS 22

Syllabus

<p>1. Criminal Proceedings—Burglary—Indictment.—Indictment charging a breaking into the dwelling-house of J., with intent to steal, and stealing therefrom, is an indictment for burglary, and is good.</p> <p>2. Idem—Description of goods.—Such, indictment charging that prisoner six labor tickets of the value of six dollars then and there feloniously did steal, take and carry away is good, though it does not specify the articles, or state that they were the property of J., or of any other person. Vaughan's Case, 17 Gratt. 576.</p> <p>3. Idem—Secondary evidence —Upon such an indictment charging prisoner with stealing the labor tickets, parol evidence of them is ad - missible without further notice to produce them.</p> <p>4. Idem—Case at bar.—A case wherein the evidence warrants the verdict of guilty of burglary.</p> <p>5. Idem—Burglary—Possession of stolen goods.—-Though the mere possession of the stolen property might not be prima facie evidence of the burglary charged in the indictment, yet, in connection with other evidence of such burglary, evidence of exclusive possession of the stolen property is admissible.</p> <p>6. Idem—Cases compared and distinguished.— Walker's Case, 28 Gratt. 969, differs from Taliaferro’s Case, 77 Va. 411, in that the possession of the stolen property by accused in latter case was not exclusive.</p> <p>7. Idem-—Joinder of offences.-—Prisoner may receive judgment on so much of the allegation proved as constitutes an offence.</p>