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RATLIFF v. COM.

Record No. 1903-93-3.

455 S.E.2d 259 (1995)

20 Va. App. 43

Arvil Ray RATLIFF v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

March 21, 1995.

Attorney(s) appearing for the Case

Carl E. McAfee (McAfee, Bledsoe & Associates, P.C., on brief), for appellant.

Thomas C. Daniel, Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for appellee.

Present: MOON, C.J., and BARROW and COLEMAN, JJ.

OPINION

MOON, Chief Judge.

Appellant, Arvil Ray Ratliff (Ratliff), was convicted in a jury trial in Buchanan County of felonious misuse of public funds in his custody, a violation of Code § 18.2-112. On appeal, Ratliff contends the evidence was insufficient to prove a violation of Code § 18.2-112 because he did not have custody of the funds allegedly embezzled. We hold that because the Commonwealth failed to show that Ratliff had custody of the...

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