Pittman v. Commonwealth (P)

No fiduciary or other special relationship is required to prove embezzlement. It is sufficient as a matter of law to wrongfully and fraudulently use, dispose of, conceal or embezzle any personal property delivered to the defendant by another person.

In the context of Code § 18.2-111, the plain (dictionary) meaning of “deliver” is to “give, transfer, yield possession or control of.” In this case, the record clearly shows that a person “delivered” a vehicle to the defendant for a limited purpose. Thus, no analysis whether that person also “entrusted” the vehicle is necessary. Evidence is sufficient to support both delivery of the personal property and the defendant’s requisite fraudulent intent to convert it to her own use.


Pittman v. Commonwealth (P), No. 1572-17-2, Jan. 8, 2019. CAV (Humphreys) from Albemarle (Higgins).

Categories: Court of Appeals of Virginia, Opinions, Published


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