WHITTLE, Justice.
The accused was convicted under an indictment charging him with having broken and entered, "in the night time", the Snack Bar in the city of Norfolk, with intent to commit larceny therein, and with the larceny of one pistol and $121.65 in cash, the property of the proprietor, Doyle R. Lynch.
Trial by jury was waived and the case was heard by the judge who found the accused guilty of "storebreaking with intent to commit larceny" and sentenced...
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