BRUHN v. COM.

Record No. 0818-00-2.

559 S.E.2d 880 (2002)

37 Va. App. 537

Christopher BRUHN v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Richmond.

February 26, 2002.


Attorney(s) appearing for the Case

John G. Douglass (James S. Yoffy; T.C. Williams School of Law; Brenner, Evans & Yoffy, on brief), Richmond, for appellant.

Amy L. Marshall, Assistant Attorney General (Randolph A. Beales, Acting Attorney General; Eugene Murphy, Assistant Attorney General, on brief), for appellee.

Present: FITZPATRICK, C.J., and BENTON, ELDER, BRAY, ANNUNZIATA, BUMGARDNER, FRANK, HUMPHREYS, CLEMENTS and AGEE, JJ.


UPON A REHEARING EN BANC

ANNUNZIATA, Judge.

On April 24, 2001, a unanimous panel of this Court reversed the conviction of appellant, Christopher Bruhn, for grand larceny. The panel found the evidence insufficient to demonstrate that Bruhn committed larceny in violation of Code § 18.2-95, the only crime charged in the indictment, because it failed to prove the victim ever possessed the alleged stolen property. Furthermore, the panel rejected the Commonwealth...

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