Lindsey v. Commonwealth

OPINION BY CHIEF JUSTICE DONALD W. LEMONS

In this appeal, we consider whether the Court of Appeals erred in concluding that a defendant's due process rights were not violated by a jury instruction concerning willful concealment of goods or merchandise while on the premises of a store.

I. Facts and Proceedings

James Lindsey ("Lindsey") was tried by a jury in the Circuit Court of Arlington County ("trial court") upon an indictment charging petit larceny, third or subsequent offense. He was found guilty and sentenced to seven days in jail.

Bryan Knott ("Knott"), an employee at a retail store dealing…