Stark v. Commonwealth

STANLEY, Commissioner.

Ralph Stark appeals from a conviction of grand larceny with a penalty of two years imprisonment.

The Attorney General commendably concedes appellant’s conviction was erroneous and that he was entitled to a directed verdict of acquittal.

The defendant was charged with stealing $200 from Bertha M. Helton. Miss Helton, who resided in Oak Ridge, Tennessee, bought a restaurant business in Williams-burg, and she and Stark entered into an agreement that he would operate and have full control of the restaurant. He was to receive $20 a week salary, and the profits and losses were…