Speight v. Commonwealth

342 S.E.2d 408, 2 Va. App. 140, 1986 Va. App. LEXIS 252
CourtCourt of Appeals of Virginia
DecidedApril 1, 1986
DocketNo. 0104-85
StatusPublished
Cited by2 cases

This text of 342 S.E.2d 408 (Speight v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Speight v. Commonwealth, 342 S.E.2d 408, 2 Va. App. 140, 1986 Va. App. LEXIS 252 (Va. Ct. App. 1986).

Opinions

Opinion

BENTON, J.

Kenneth Wayne Speight appeals convictions of both grand larceny and distribution of heroin, a Schedule I controlled substance. The issues are limited to: (1) whether the evidence was sufficient to support the grand larceny conviction; and (2) whether the evidence was sufficient to prove that the substance analyzed to be heroin was purchased from Speight.

We reverse the grand larceny conviction and affirm the distribution of heroin conviction.

I.

On October 12, 1983, a stereo component system, a .44 magnum handgun, and other items were stolen from a residence on West Grace Street in the City of Richmond. Sergeant William N. Spaulding of the Henrico County Police Department testified that he had “a chance to see the defendant” on several occasions while Spaulding was working undercover on a “sting” operation in Richmond. On one of those occasions, October 13, 1983, Spaulding met Speight and drove him to a location on West Grace Street. Speight went into 1844 West Grace Street, came out, and told Spaulding to follow him inside. They met George Saunders on the second floor and followed him through a front apartment. A female and another male were present in the apartment.

Saunders directed Spaulding to a kitchen table which held various pieces of stereo equipment—a turntable, amplifier, receiver, [142]*142tuner, cassette deck and synthesizer. In the presence of Speight, Spaulding “agreed to make a deal with George [Saunders]” to purchase the six items for $450. Spaulding also agreed at that time to purchase from Saunders on the following day for $140 a .44 magnum handgun which was not in the apartment. Spaulding, Saunders, Speight, an unidentified male, and Spaulding’s partner (Investigator Trimble) carried the stereo equipment to Spaulding’s car.1

Spaulding paid Saunders $443 for the stereo equipment and promised to pay the remaining seven dollars when he purchased the gun on the following day. According to Spaulding, “Speight asked George [Saunders] how much money he was going to give him and George [Saunders] replied $25.00.” Saunders handed two bills of unknown denomination to Speight. Spaulding then drove Speight to a White Tower Restaurant and arranged to meet Speight there the next day.

Spaulding and Speight met the next day as arranged. Shortly thereafter, Saunders arrived at the same location and discharged a passenger, who rode in Spaulding’s automobile with Spaulding and Speight to 1844 West Grace Street. Before Saunders entered the building, Spaulding paid him the seven dollars that was owed on their prior transaction. Spaulding remained in the automobile with Speight and “paid Kenny [Speight] $20.00 for the introduction on the 13th to set up the deal to buy the stereo equipment.”

Saunders then returned to Spaulding’s vehicle carrying a Sanyo mini-stereo component set and a .44 magnum handgun wrapped in a white shirt. Although Spaulding “didn’t know he was going to bring that stereo set with him at the time,” Spaulding purchased the Sanyo set, which he identified as “the radio,” for $75, and paid Saunders $125 for the gun. Spaulding then drove Speight to Cary Street and “paid Kenny [Speight] ten more for helping us on the deal with the gun and the radio.”

Indicted for grand larceny under Code § 18.2-95, Speight was tried and found guilty by the court. The court found him not guilty of a charge of common law burglary.

[143]*143Speight contends that the evidence was insufficient to convict him of grand larceny because the evidence did not establish that he was in exclusive possession of the stolen property. See Best v. Commonwealth, 222 Va. 387, 282 S.E.2d 16 (1981); Drinkard v. Commonwealth, 163 Va. 1074, 178 S.E. 25 (1935). The Commonwealth, however, does not rely on the presumption of larceny which arises from an accused’s recent, exclusive possession of stolen property. Instead, noting that larceny is considered a continuing offense, the Commonwealth’s position is that “anyone who knows that personal property is stolen and assists in its transportation or disposition is guilty of larceny.” Moehring v. Commonwealth, 223 Va. 564, 568, 290 S.E.2d 891, 892 (1982).2 The Commonwealth argues that guilty knowledge can be inferred from the evidence in this case because Speight introduced Spaulding to Saunders within twenty-four hours after the theft, because Speight helped carry the equipment to the car, because Speight received money, and because Spaulding purchased the property for substantially less than the true value of the goods.

We believe that the evidence in this record does not support an inference or conclusion that Speight knew that the property was stolen. Notwithstanding Speight’s explanation for the initial transaction between Spaulding and Saunders,3 which the trier of fact need not have believed, an inference of guilty knowledge based upon the meetings between Spaulding and Speight or Spaulding and Saunders is untenable. Spaulding’s testimony is inconclusive. Spaulding said only that he “met” Speight on October [144]*14413 and drove him to the West Grace Street apartment. He offered no account of his meeting with Speight or their reason for going to that particular address. Spaulding may have known that the stereo equipment was being offered for sale and asked Speight to accompany him in order to provide an introduction to Saunders. The Commonwealth’s evidence does not disclose when Speight first communicated to Spaulding, if in fact he ever did, that Saunders had property to sell; moreover, the Commonwealth’s evidence in the form of Spaulding’s testimony, fails to disclose any facts or circumstances concerning Spaulding’s approach to Speight or Speight’s approach to Spaulding that culminated in the transaction to purchase the property. The absence of proof provides only the opportunity for speculation.

Where facts are established which are susceptible of two interpretations, one of which is consistent with the innocence of the accused, the jury or the judge trying the case cannot arbitrarily adopt the interpretation which incriminates him. The interpretation more favorable to the accused should be adopted unless it is untenable under all the facts and circumstances of the case.

Williams v. Commonwealth, 193 Va. 764, 772, 71 S.E.2d 73, 77 (1952) (citations omitted); see also Smith v. Commonwealth, 185 Va. 800, 821, 40 S.E.2d 273, 282 (1946).

An inference of guilty knowledge also cannot arise simply because Speight entered the building prior to Spaulding. Spaulding’s testimony sheds no light on this occurrence. One can only speculate whether Spaulding was parking the automobile or whether there were other circumstances that were not disclosed by the Commonwealth’s evidence that would have explained Speight’s conduct.

Speight’s assistance with four other persons in carrying the stereo equipment to Spaulding’s car is relevant to disposition or transportation of the property but, under these circumstances, not probative of knowledge that the property was stolen.

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Related

Speight v. Commonwealth
354 S.E.2d 95 (Court of Appeals of Virginia, 1987)

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Bluebook (online)
342 S.E.2d 408, 2 Va. App. 140, 1986 Va. App. LEXIS 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speight-v-commonwealth-vactapp-1986.