Dove v. Commonwealth

ANNUNZIATA, Judge.

On August 21, 2001, Vernon Dove was convicted of embezzlement in a bench trial in the Circuit Court of Nottoway County. He was sentenced to five years in prison, with all but 90 days suspended. Dove contends on appeal that the evidence is insufficient to support the embezzlement conviction on the ground that the evidence fails to prove that he intended to defraud and to deprive Jenkins of the proceeds from the gasoline sales. For the reasons that follow, we reverse the conviction and dismiss the indictment.

Facts

“On appeal, ‘we review the evidence in the light most favorable…