Fitzgerald v. Commonwealth

David Allen Fitzgerald was convicted in a bench trial under three indictments for forgery and sentenced to a total of six years’ confinement. His motion to strike the Commonwealth’s evidence was denied, and he presented no evidence. The sole question on appeal is whether the evidence was sufficient to support his conviction.

Stated in the light most favorable to the Commonwealth, the evidence shows that a number of blank checks were stolen from the premises of Transmission Products, Inc., on Bells Road, in Richmond, during a burglary on Christmas day, 1981. The owners missed petty cash, but…