McAlevy v. Com.

In this appeal, we review a judgment of the Court of Appeals of Virginia affirming the judgment of the Circuit Court of Henry County, convicting Victor Ray McAlevy of grand larceny in violation of Code § 18.2-95. McAlevy v. Commonwealth, 44 Va.App. 318 , 605 S.E.2d 283 (2004). We awarded this appeal to consider whether the Court of Appeals correctly held that "the asportation element of larceny may be imputed to a defendant who acts through an innocent agent." Id. at 325 , 605 S.E.2d at 286 .

The record shows that McAlevy offered to sell certain farm equipment to an individual who believed…