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ROONEY v. COM.

Record No. 1402-97-3.

500 S.E.2d 830 (1998)

27 Va. App. 634

Patrick D. ROONEY, III, a/k/a Francis Patrick Rooney, III v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

June 30, 1998.

Attorney(s) appearing for the Case

H. Victor Millner, Jr. (Charles J. Strauss; H. Victor Millner, Jr., P.C., on brief), Chatham, for appellant.

Donald E. Jeffrey, III, Assistant Attorney General (Mark L. Earley, Attorney General, on brief), for appellee.

Present: COLEMAN, WILLIS and ANNUNZIATA, JJ.

COLEMAN, Judge.

Code §§ 57-35.15 and 57-35.21 require that a cemetery company deposit into a trust account certain percentages of receipts from the sale of preneed and perpetual care burial property and services.1 Failure of a cemetery company to deposit receipts into the preneed and perpetual care trust accounts is a Class 1 misdemeanor. Code § 57-35.35.

Rooney Enterprises, Inc. (corporation) operated a cemetery...

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