Klink v. Commonwealth

Opinion

BARROW, J.

In this criminal appeal we consider what evidence is sufficient to support a conviction under Code § 18.2-200.1 for failure to perform a promised construction contract. We hold that evidence of failing to perform a construction contract for which an advance has been received is insufficient standing alone to support a conviction for this offense. The evidence must also show, either directly or through circumstantial evidence, that the advance was obtained “with fraudulent intent.” The failure to respond to a request for a return of the advance sent by certified mail as…