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BOOTHE v. COM.

Record No. 0138-86-3.

358 S.E.2d 740 (1987)

Sherman L. BOOTHE, Sr. v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

July 21, 1987.

Attorney(s) appearing for the Case

J. Harold Eads, Fincastle, for appellant.

Marla Lynn Graff, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: KOONTZ, C.J., and KEENAN and MOON, JJ.

KEENAN, Judge.

Sherman L. Boothe, Sr. was convicted of construction fraud pursuant to Code § 18.2-200.1, based on a charge that he fraudulently obtained a $200 advance of money upon an unfulfilled promise to install a septic system and a driveway. The issues presented in this appeal are: (1) whether a septic system is a "structure" within the meaning of Code § 18.2-200.1; and (2) whether the evidence was sufficient to support a finding that Boothe entered...

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