McCARY v. COM.

Record No. 1666-02-3.

590 S.E.2d 110 (2003)

42 Va. App. 119

Stephen Michael McCARY v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

December 30, 2003.


Attorney(s) appearing for the Case

A. Gene Hart, Jr., Harrisonburg, for appellant.

Amy L. Marshall, Assistant Attorney General (Jerry W. Kilgore, Attorney General, on brief), for appellee.

Present: ANNUNZIATA, CLEMENTS and KELSEY, JJ.


ANNUNZIATA, Judge.

Stephen Michael McCary was convicted after a bench trial of construction fraud and larceny in violation of Code § 18.2-200.1. He challenges the verdict on the following grounds: the evidence was insufficient to establish fraudulent intent; he was not the criminal agent because he was an employee of a corporation; and the notice letters sent to him by the homeowners were legally defective. For the reasons that follow, we affirm the decision...

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