Tuesday, October 07, 2003

Hey, that was my money

In Dove v. Commonwealth, a panel of the Virginia Court of Appeals in an opinion by Judge Annunziata joined by Judge Benton and Senior Judge Coleman reversed the appellant's conviction for embezzlerment, where the issue was the appellant owned a filling station (as we say here in Mayberry) and had failed to remit to his supplier the proper share of the proceeds from his gasoline sales, instead spending the money on other things. The Court concluded that even though Mr. Dove owed the money, it was not proven that the money was somehow property of the supplier in a way that it could be "embezzled" within the meaning of the statute, Va. Code § 18.2-111.

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