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Appeals court hears dispute over whether contractor’s unpaid work supports larceny-by-stealing conviction
Summary
In Commonwealth v. Allen, defense argued a conviction for larceny by stealing was unsupported because the defendant accepted checks and performed weeks of work; the Commonwealth said the record supports an inference of intent to permanently deprive across a single scheme of transactions.
The panel heard argument in Commonwealth v. Allen (24p359), a criminal appeal challenging the sufficiency of the evidence for a larceny‑by‑stealing conviction. Defense counsel Esther Horwich argued the evidence showed the defendant, Kelly Allen, received checks in connection with agreed work and performed substantial work for weeks afterward. She told the court larceny by stealing requires a trespassory or wrongful taking at the time of the taking and that the record lacked evidence of criminal intent…
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