Molash v. Commonwealth

Opinion

MOON, J.

Chester David Molash and Kathy Ann Molash were convicted of larceny in violation of Code § 18.2-117 for failure to return bailed property. The Molashes were long distance truck drivers employed by Mr. and Mrs. Joel Markham of Franklin County, Virginia, to haul freight. Before completing a trip between Chicago and Newton, North Carolina, the Molashes abandoned the tractor and trailer provided to them. On this appeal, they contend that the evidence was insufficient to prove the element of criminal intent which is necessary to be found guilty of larceny. We agree and reverse.

Code…