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HOLSAPPLE v. COM.

Record No. 030334.

587 S.E.2d 561 (2003)

266 Va. 593

Thomas Michael HOLSAPPLE v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 31, 2003.

Attorney(s) appearing for the Case

Charles L. Weber, Jr., Charlottesville, for appellant.

Steven A. Witmer, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO, S.J.

OPINION BY Senior Justice HARRY L. CARRICO.

Code § 18.2-200.1 provides in pertinent part as follows:

If any person obtain from another an advance of money, ... with fraudulent intent, upon a promise to perform construction... of any building or structure permanently annexed to real property ... and fail or refuse to perform such promise, and also fail to substantially make good such advance, he shall be deemed guilty of the larceny of such money ......

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