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Maye v. Commonwealth

Supreme Court of Virginia
Jun 12, 1972
213 Va. 48 (Va. 1972)

Summary

holding that larceny requires trespassory taking

Summary of this case from Bruhn v. Commonwealth

Opinion

42734 Record No. 7892.

June 12, 1972

Present, Snead, C.J., I'Anson, Carrico, Harrison, Cochran and Harman, JJ.

(1) Criminal Law — Larceny After Bailment.

(2) Criminal Law — Constitutional Law — Mens Rea.

1. Distinction between larceny after bailment and common law larceny is that in the former it is not necessary to allege or prove original taking was trespassory.

2. Requirement of mens rea will be read into statute by the court when it appears legislature implicitly intended that it must be proved.

Error to a judgment of the Circuit Court of Albemarle County. Hon. David F. Berry, judge presiding.

Affirmed.

Eaton Brooks (Michael and Dent, on brief), for plaintiff in error.

James E. Kulp, Assistant Attorney General (Andrew P. Miller, Attorney General, on brief), for defendant in error.


Julian E. Maye (Maye or defendant) waived a trial by jury and was convicted by the trial court of grand larceny after bailment of an automobile in violation of Code Sec. 18.1-163. Maye was sentenced to serve a term of three years in the state penitentiary.

Maye's appeal is grounded on the proposition that the statute is unconstitutional. He says that it violates the due process provisions of the Fifth and Fourteenth amendments of the Constitution of the United States and Sec. 8 of Article I of the Constitution of Virginia (1971).

Code Sec. 18.1-163 provides:

"Sec. 18.1-163. Failure to Return Such Animal, Aircraft, Vehicle or Boat. — If any person comes into the possession as bailee of any animal, aircraft, vehicle, boat or vessel, and fail to return the same to the bailor, in accordance with the bailment agreement, he shall be deemed guilty of larceny thereof and receive the same punishment, according to the value of the thing stolen, prescribed for the punishment of the larceny of goods and chattels. The failure to return to the bailor such animal, aircraft, vehicle, boat or vessel, within five days from the time the bailee has agreed in writing to return the same shall be prima facie evidence of larceny by such bailee of such animal, aircraft, vehicle, boat or vessel."

Maye argues that the failure of the statute to require mens rea or scienter is fatal.

The distinction between larceny after bailment and the common law offense of larceny is that in the former it is not necessary to allege or prove that the original taking was trespassory. United States v. Closkey, 411 F.2d 1212 (4th Cir. 1969).

A claim that a statute on its face contains no requirement of mens rea or scienter is no ground for holding the statute unconstitutional since such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved. Morissette v. United States, 342 U.S. 246, 250 (1952); United States v. Johnson, 419 F.2d 56, 60 (4th Cir. 1969), cert. den., 397 U.S. 1010.

Affirmed.


Summaries of

Maye v. Commonwealth

Supreme Court of Virginia
Jun 12, 1972
213 Va. 48 (Va. 1972)

holding that larceny requires trespassory taking

Summary of this case from Bruhn v. Commonwealth

holding that scienter will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved

Summary of this case from Mayhew v. Commonwealth

In Maye, we construed former Code Sec. 18.1-163 (now Sec. 18.2-117), which declared that a bailee of any animal, aircraft, vehicle, boat or vessel, was guilty of larceny if he failed to return the bailed property to the bailor in accordance with the bailment agreement.

Summary of this case from Makarov v. Commonwealth

noting that "such requirement will be read into the statute by the court when it appears the legislature implicitly intended that it must be proved"

Summary of this case from Cady v. Commonwealth

construing former Code Sec. 18.1-163

Summary of this case from Molash v. Commonwealth
Case details for

Maye v. Commonwealth

Case Details

Full title:JULIAN E. MAYE v. COMMONWEALTH OF VIRGINIA

Court:Supreme Court of Virginia

Date published: Jun 12, 1972

Citations

213 Va. 48 (Va. 1972)
189 S.E.2d 350

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