Simmons v. Commonwealth

The trial court, sitting without a jury, convicted Johnny Carl Simmons of embezzlement under Code § 18.2-111, sentenced him to confinement in the State penitentiary for five years, suspended execution of the sentence, and placed him on probation for five years. In this appeal, the sole question is the sufficiency of the evidence, which comes to us in an agreed statement of facts.

Carl E. Robeson testified that he was the owner of a gasoline station located on Virginia Beach Boulevard in Virginia Beach. He had employed Simmons as a “night man,” with sole responsibility for operating the station…