SIMMONS v. COM.

Record No. 770987.

247 S.E.2d 359 (1978)

Johnny Carl SIMMONS v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

August 31, 1978.


Attorney(s) appearing for the Case

William F. Burnside, Portsmouth, for appellant.

Todd E. LePage, Asst. Atty. Gen. (Marshall Coleman, Atty. Gen., on brief), for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.


PER CURIAM.

The trial court, sitting without a jury, convicted Johnny Carl Simmons of embezzlement under Code § 18.2-111, sentenced him to confinement in the State penitentiary for five years, suspended execution of the sentence, and placed him on probation for five years. In this appeal, the sole question is the sufficiency of the evidence, which comes to us in an agreed statement of facts.

Carl E. Robeson testified that he was the owner of a gasoline...

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