Graves v. Commonwealth

The majority holds that grand larceny from the person under Code § 18.2—95(i) is not a lesser-included offense of robbery. I respectfully disagree with that holding and, therefore, I dissent.

Although this issue has not been previously decided in Virginia, we have intimated in obiter dictum that larceny from the person is a lesser-included offense of robbery. In Broody v. Commonwealth, 16 Va.App. 281, 291, 429 S.E.2d 468, 474 (1993), a panel of this Court said, “[w]e hold that the court did not commit reversible error in refusing to give appellant’s proposed robbery instruction or an…