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Welch v. Commonwealth

Virginia Court of Appeals
425 S.E.2d 101 (1992)

Written by Kaitlin Pomeroy-Murphy, JD

Facts

On March 13, 1991, Tyronne Welch (defendant) was spotted in the lawn and garden section of Lowe’s Department Store, a fenced area located out of the store building, with two televisions in a shopping cart. There were no cash registers in this section of the store, and he was pushing the cart toward the gate to the parking lot. The manager approached Welch and asked if he had a receipt. Welch said he did not have a receipt, and was looking for a register. The manager asked him to return inside with him, and he agreed. As they began walking, Welch fled. The manger chased after him. Welch, at one point, turned and told the manager he had a gun and threatened to shoot. He continued to run, and the manager eventually caught him. Welch provided the police with a false name, date of birth, and Social Security number upon arrest. When he was searched, it was discovered that he had no means to pay for the televisions. Welch was ultimately convicted of grand larceny. Welch appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fitzpatrick, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Dissent (Benton, J.)

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