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CARTER v. COM.

Record No. 810416.

290 S.E.2d 865 (1982)

Joseph W. CARTER, III v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

April 30, 1982.

Attorney(s) appearing for the Case

Thomas J. Foltz, E. Thompson MaGoffin, Jr., Reston, for appellant.

Richard B. Smith, Asst. Atty. Gen. (Gerald L. Baliles, Atty. Gen., on brief), for appellee.

Before CARRICO, C. J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

STEPHENSON, Justice.

Joseph W. Carter, III, was convicted, following a bench trial, of the possession of tools with intent to commit larceny, in violation of Code § 18.2-94.1 He was sentenced to five years in the penitentiary. The sole issue on appeal is whether the evidence is sufficient, as a matter of law, to sustain the conviction.

In the early afternoon of June 25, 1980, Police...

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