Davies v. Commonwealth

423 S.E.2d 839 (1999)

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Nature of the Case

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Facts

D filed a credit application in the name of Brian Stark at a Circuit City store. He produced an identification card in the name of Brian Stark. Upon approval of his credit application, D purchased on credit a camcorder, a tripod, and a car stereo. The value of this property totaled $1,306.16. d signed the sales slip acknowledging his receipt of the property and took it from the store premises. D then filed a credit application in the name of Brian Stark at a Luskins store. He was approved for credit and purchased on credit a camcorder with a selling price of $799.99. He then removed the camcorder from the store. On the applications, D claimed to be Brian Stark, an attorney employed by the firm of Tate and Bywater. 'Brian Stark' nor Davies had never been employed by that firm. D admitted that Brian Stark was not his real name. D admitted that he had obtained the identification bearing that name from the Division of Motor Vehicles by presenting items taken from a wallet he had found. He then consulted a telephone book to locate someone with the same name so that he could provide an address on the applications. D offered a jury instruction that stated the owner of the property must have parted with both 'possession of and title to' the property. The trial court deleted the words 'and title to' and granted the instruction as amended. D objected. D was convicted and appealed.