Orr v. Commonwealth

We granted this appeal to consider whether the evidence was sufficient to support Montie Ralph Orr’s conviction under an indictment charging that he did “unlawfully and feloniously obtain money from Jack P. Fisher, Jr. and Linda Fisher by false pretense with the intent to defraud” in violation of Code § 18.2-178.

Under a contract executed in February 1981, Orr undertook to construct a residence for the Fishers for a base price of $38,000.00, to be paid upon completion of construction from the proceeds of an FHA loan. Later, at the Fishers’ request, Orr agreed to make certain changes and to add…