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Criminal Law Keyed to Gershowitz
Baker v. Commonwealth
Citation:225 Va. 192, 300 S.E.2d 788.
The defendant and his friend, Donald Shumaker, went to an automobile dealership. They were aware that the dealership required customers to leave a vehicle as security while they test-drove one of the dealer’s automobiles. After receiving a signal from the defendant, Shumaker asked to test-drive a Jeep. Leaving as security a truck which he had fraudulently obtained elsewhere, the defendant drove the Jeep away and failed to return it. The defendant paid Shumaker $100 for his part in the crime.
He was convicted of larceny by false pretenses. He appealed, arguing that to be guilty of larceny by false pretenses, one must make a false representation that induces the victim to pass both title to and possession of the property to the defendant. The jury considered the issue of possession but not title.
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