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McALEVY v. COM.

Record No. 3067-03-3.

605 S.E.2d 283 (2004)

44 Va. App. 318

Victor Ray McALEVY v. COMMONWEALTH of Virignia.

Court of Appeals of Virginia.

November 23, 2004.

Attorney(s) appearing for the Case

(Kimberly R. Belongia, on brief), for appellant. Appellant submitting on brief.

(Jerry W. Kilgore, Attorney General; Susan L. Parrish, Assistant Attorney General, on brief), for appellee. Appellee submitting on brief.

Present: HUMPHREYS, FELTON and McCLANAHAN, JJ.

WALTER S. FELTON, JR., Judge.

Victor Ray McAlevy (appellant) was convicted in a bench trial of grand larceny in violation of Code § 18.2-95 for the theft of farming equipment which he sold to a third party. On appeal, appellant contends that the trial court erred in ruling that the removal of the stolen property by an innocent purchaser can be imputed to him to satisfy the asportation element necessary to convict him of larceny. Finding no error, we affirm the...

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