Powell v. Commonwealth

FITZPATRICK, Chief Judge.

Michael Craig Powell (appellant) was indicted by a grand jury for one count of grand larceny,. in violation of Code § 18.2-95. At the conclusion of the Commonwealth’s evidence, the trial court struck the grand larceny charge but allowed the case to proceed on a charge of accessory after the fact to a grand larceny, a violation of Code § 18.2-19. On appeal, appellant contends the trial court erred in finding the evidence sufficient to prove that he was an accessory after the fact to a grand larceny. For the following reasons, we reverse and dismiss.

I

Under familiar…