McAlevy v. Commonwealth

WALTER S. FELTON, JR., Judge.

Victor Ray McAlevy (appellant) was convicted in a bench trial of grand larceny in violation of Code § 18.2-95 for the theft of farming equipment which he sold to a third party. On appeal, appellant contends that the trial court erred in ruling that the removal of the stolen property by an innocent purchaser can be imputed to him to satisfy the asportation element necessary to convict him of larceny. Finding no error, we affirm the conviction. 1

BACKGROUND

In Spring 2002, appellant approached Daniel Swain and offered to sell him some farming equipment. Swain was an…