McDowell v. Commonwealth

Summary

The Supreme Court of Virginia affirmed Lawrence McDowell's convictions for grand larceny and grand larceny with intent to sell or distribute property. The Court held that a Rite-Aid inventory report generated from computerized inventory records qualified as a business record under Virginia's modern Shopbook Rule and was properly admitted to establish the value of stolen merchandise.

Holdings

1. The Box-List Sheets Report qualified as a business record and was admissible under the modern Shopbook Rule. It was not necessary for the Commonwealth to call a representative of the outside inventory contractor or a Rite-Aid management witness to verify the earlier inventory or establish that it was conducted in the regular course of business.

Questions Presented

1. Whether the Box-List Sheets Report qualified as a business record under Virginia's modern Shopbook Rule even though the underlying inventory had been conducted by an outside contractor and the Commonwealth did not call a representative of that contractor or Rite-Aid management.
2. Whether the trial court erred in admitting the report to establish circumstantial evidence of the value of the stolen merchandise.

Disposition

affirmed