Hulcher v. Commonwealth

ELDER, Judge.

Mark Thomas Hulcher (appellant) appeals from his bench trial conviction for concealment pursuant to Code § 18.2-103. On appeal, he contends the statute proscribes only the theft of “wares offered for sale” and does not include items not offered for sale, such as items used by a merchant to advertise or display those wares. We hold the statute is broad enough to include items belonging to a merchant that are not offered for sale. Thus, we affirm appellant’s conviction.

I

BACKGROUND

On May 25, 2001, employees of a Henrico County video store called the police after observing appellant…