Tuesday, November 23, 2004

On asportation

In McAlevy v. Com., the Virginia Court of Appeals in an opinion by Judge Felton, joined by Judges Humphreys and McClanahan, held that the asportation element of the offense of larceny can be satisfied through the removal of the property by an innocent purchaser.

Judge Felton explains: "In order to establish a wrongful taking of the property, the Commonwealth must
prove that there was an asportation or carrying away of the property."

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