Smith v. Commonwealth

Carl Donald Smith, convicted in a bench trial of grand larceny by embezzlement, asks us to hold that the evidence was insufficient to support the conviction.

Norfolk Scope, a municipal arena, sells admission tickets to shows staged there and remits part of the proceeds to the promoters. Tickets are printed by a computer which, on request, publishes a “journal” or print-out of its transactions. Ordinarily, the promoter’s fee is determined by the data recorded in the journal. Upon the promoter’s request, however, the data may be verified by a “drop count” of tickets deposited at entrance gates…