Maye v. Commonwealth

Julian E. Maye (Maye or defendant) waived a trial by jury and was convicted by the trial court of grand larceny after bailment of an automobile in violation of Code § 18.1-163. Maye was sentenced to serve a term of three years in the state penitentiary.

Maye’s appeal is grounded on the proposition that the statute is unconstitutional. He says that it violates the due process provisions of the Fifth and Fourteenth amendments of the Constitution of the United States and § 8 of Article I of the Constitution of Virginia (1971).

Code § 18.1-163 provides:

“§ 18.1-163. Failure to Return Such Animal,…