Welch v. Commonwealth

Unless violation of a specific statute is charged, larceny is a common law crime in Virginia. Darnell v. Commonwealth, 12 Va. App. 948, 955, 408 S.E.2d 540, 545 (1991). Although the punishment for the larceny is prescribed by statute, see Code §§ 18.2-95 and 18.2-96, we must look to case decisions for the elements of the common law offense. Sylvestre v. Commonwealth, 10 Va. App. 253, 256, 391 S.E.2d 336, 338 (1990). The case decisions universally define the elements of “[Ijarceny at common law [to be] the (1) trespassory (2) taking and (3) carrying away of the (4) personal property (5) of…