Jones v. Commonwealth
In Jones v. Commonwealth, 3 Va. App. 295, 349 S.E.2d 414 (1986), the Court held that an unlawful entry upon another's business premises allows a presumption that the entry was made for an unlawful purpose, and "the specific intent with which such entry was made may be inferred from the surrounding facts and circumstances." Jones, 3 Va. App. at 299, 349 S.E.2d at 417
There, the Court stated that the defendant's entry of a retail store during normal business hours, and his act of concealing himself within the store until it closed, constituted a constructive breaking and entering and provided "surrounding facts and circumstances" sufficient to permit the fact finder to infer his specific intent to commit larceny. See id. at 300, 349 S.E.2d at 417.