Stegall v. Commonwealth

Defendant, James S. Stegall, was indicted for unlawfully and feloniously stealing and carrying away a 1966 Chevrolet Impala automobile of the value of $3,000. Upon the request of defendant’s counsel, the attorney for the Commonwealth filed a notice with the court stating that it would rely on § 18.1-109 1 , Code of 1950, as amended, 1960 Repl. Vol., in the prosecution of the case. Defendant pleaded not guilty, waived trial by jury, was found guilty as charged in the indictment, and was sentenced to two years in the State penitentiary. We granted defendant a writ of error.

The defendant…