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Marsh v. Commonwealth

Court of Appeals of Virginia
57 Va. App. 645 (2011)


Facts

In October 2008, Bernard Marsh (defendant) admitted to Rhonda Gazda that Marsh had taken some jewelry from Gazda’s jewelry box and pawned it because he needed money. Marsh told Gazda he would retrieve the jewelry the following day after he was paid. Gazda later called the police and reported the jewelry as stolen. An officer contacted Marsh to arrange for return of the property. Marsh returned some of the items but said he needed time to save money before he could purchase the remaining items back. To redeem the items, Marsh needed a total of $3,272.50. After three weeks, Marsh still had not returned the jewelry. At that point, the police retrieved the jewelry and returned it to Gazda. The Commonwealth of Virginia (plaintiff) charged Marsh with grand larceny. At trial, Marsh testified he took and pawned the items because of money troubles. At the time, Marsh was working on a carpentry project for which he was to receive a total of $2,000 pay in installments. Marsh was also behind on bills. Marsh moved to strike the grand larceny charge, contending that the evidence was insufficient to prove Marsh intended to permanently deprive Gazda of the jewelry. The trial court denied the motion, and a jury convicted Marsh. Marsh appealed.

Rule of Law

Issue

Holding and Reasoning (Humphreys, J.)

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