723 S.E.2d 633
Va. Ct. App.2012Background
- Austin bought rugs on approval at The Eternal Attic by writing a $676.20 check and taking the rugs; she later stopped payment and never returned the rugs.
- Co-owner Eastham verified sufficient funds at first, but the store deposited after 24 hours; stop payment occurred before payment cleared.
- Less than two months later, Austin bought glasses at the Spectacle Shop for $890, again using a check that was stopped.
- Spectacle Shop deposited the check; stop payment led to nonpayment and return of glasses.
- Austin gave evasive responses and failed to contact the merchants after being charged; she was on bond for the rugs incident.
- Convictions: two counts of obtaining money or property by false pretense under Code § 18.2-178 after a bench trial; appeal challenged sufficiency of intent to defraud at time of obtaining property.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of fraudulent intent at the time of obtaining property. | Austin argues no proof of intent to defraud. | Commonwealth argues circumstantial evidence shows intent to defraud. | Yes; sufficient circumstantial evidence supports intent to defraud at time of taking property. |
Key Cases Cited
- Bourgeois v. Commonwealth, 217 Va. 268 (1976) (elements of larceny by false pretenses; proof of intent and use of false pretenses)
- Riegert v. Commonwealth, 218 Va. 511 (1977) (intent may be shown by circumstantial evidence; stop payments inconclusive alone)
- Orr v. Commonwealth, 229 Va. 298 (1985) (intent to defraud must exist at time of false pretenses; circumstantial proof allowed)
- Vincent v. Commonwealth, 276 Va. 648 (2008) (intent as a state of mind; circumstantial evidence permissible)
- Parks v. Commonwealth, 221 Va. 492 (1980) (circumstantial evidence admissible for proving fraudulent intent)
- Cunningham v. Commonwealth, 219 Va. 399 (1978) (stop-payment timing not always determinative; intent can be proven by surrounding facts)
- Commonwealth v. McNeal, 282 Va. 16 (2011) (review of sufficiency of evidence; rational jury could convict)