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222 Va. 704

284 S.E.2d 792

Dunn v. Commonwealth

Supreme Court of Virginia

Decided December 4, 1981

Supreme Court of Virginia · decided 1981-12-04

Key passage — most relied on by later courts

“based only upon speculation and conjecture ... cannot be permitted to stand”

quoted by 4 later decisions, including 27 Va. App. 119 - Samuels v. Commonwealth, 47 Va. App. 338 - Molina v. Commonwealth

“The value of the stolen property is measured as of the time of the theft, and the original purchase price may be admitted as evidence of its current value. The opinion testimony of the owner of the stolen item generally is competent and admissible on the issue of the value of that property.”

quoted by 1 later decision, including 30 Va. App. 495 - Lester v. Commonwealth

Relies on Wright v. Commonwealth · Gertler v. Bowling

Good law ✅— No negative treatment on recordhow we know

Decided 1981-12-04

How this case has been cited

Cited by 39 later decisions — most recently October 2013 · most notably Britt v. Com. (2008), State v. Gartner (2002)

35 state decisions

1601981199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1 Convicted by a jury of grand larceny, the defendant, Kenneth Odell Dunn, was sentenced to serve five years in the penitentiary. On appeal, he contends the evidence was insufficient to show that the stolen items had a value of $100 or more. *

¶2 The evidence shows that the stolen property consisted of a framed dollar bill having no special value, $1.20 in coins laminated in clear plastic, and a typewriter purchased new for $150 ten years before the theft. The Commonwealth offered no evidence concerning the current value or the present condition of the typewriter, except to show that it was used three days before it was stolen.

¶3 In a grand larceny prosecution, the burden is upon the Commonwealth to prove beyond a reasonable doubt that the value of the goods stolen equals at least the amount fixed by statute in definition of the offense. Wright v. Commonwealth, 196 Va. 132, 139, 82 S.E.2d 603, 607 (1954). While the original purchase price of an item may be admitted as evidence of its current value, there must also be “due allowance for elements of depreciation.” Gertler v. Bowling, 202 Va. 213, 215, 116 S.E.2d 268, 270 (1960). Without a showing of the effect of age and wear and tear on the value of an item such as a typewriter, the jury might be misled to believe that original price equals current value.

¶4 Here, in addition to the typewriter, the defendant stole items worth $2.20. The jury, therefore, must have found the typewriter was worth at least $97.80. There was no evidentiary basis, however, for this finding. Hence, the verdict could have been *706 based only upon speculation and conjecture and cannot be permitted to stand.

¶5 Accordingly, the defendant’s conviction of grand larceny will be reversed and set aside, and the case will be remanded for a new trial upon a charge of petit larceny.

¶6 Reversed and remanded.

*

¶7 The theft in this case occurred December 16, 1979. At its 1980 session, the General Assembly amended Code § 18.2-95 to increase to $200 the amount necessary to constitute grand larceny. Acts 1980, c. 175.

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