Holsapple v. Commonwealth

BENTON, J., with whom FITZPATRICK, C.J., and ELDER, J.,

join, dissenting.

In pertinent part, Code § 18.2-200.1 provides as follows:

If any person obtain from another an advance of money, ... with fraudulent intent, upon a promise to perform construction, removal, repair or improvement of any building ... and fail or refuse to perform such promise, and also fail to substantially make good such advance, he shall be deemed guilty of the larceny of such money ... if he fails to return such advance within fifteen days of a request to do so sent by certified mail, return receipt requested, to his last…