Darley v. Commonwealth (U)

A repairman’s conviction for petit larceny of valuables from the house he was servicing wasn’t supported by sufficient evidence to exclude a reasonable hypothesis of innocence.

The defendant was performing repairs (with permission) when no one else was at home, and his fingerprints were on the box of a watch that was missing after the defendant’s work. But a third person could have entered the house when the neither the repairman nor the homeowner was present. The homeowner also admitted that the watch box might have been on top of the dresser where the defendant put his work tools down at an earlier time.

Conviction reversed; indictment dismissed.

Darley v. Commonwealth (U), No. 1315-17-1, Sept. 25, 2018. CAV (Humphreys) from Chesapeake (Wright).

Categories: Court of Appeals of Virginia, Opinions, Unpublished

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