COURT OF APPEALS OF VIRGINIA 

Present: Chief Judge Moon, Judges Willis and Elder 

Argued by Teleconference 

WANDA KAYE TURNER 

 MEMORANDUM OPINION* BY 

v. Record No. 2804-96-2 JUDGE JERE M. H. WILLIS, JR. 

 OCTOBER 14, 1997 

COMMONWEALTH OF VIRGINIA 

FROM THE CIRCUIT COURT OF HANOVER COUNTY 

Richard H. C. Taylor, Judge 

 J. Overton Harris (Campbell, Campbell, 

Herbert & Harris, on brief), for appellant. 

 Daniel J. Munroe, Assistant Attorney General 

(Richard Cullen, Attorney General, on brief), 

for appellee. 

 Wanda Kaye Turner contends (1) that the trial court 

erroneously denied her motion to strike the evidence, and (2) 

that the Commonwealth failed to prove venue. Because venue was 

not proven, we reverse the conviction and dismiss the indictment. 

 We view the evidence in the light most favorable to the 

Commonwealth, granting to it all reasonable inferences fairly 

deducible therefrom. See Traverso v. Commonwealth, 6 Va. App. 

172, 176, 366 S.E.2d 719, 721 (1988). 

 Dr. Byrd operates his dental office in Hanover County. From 

approximately July 5 until November 21, 1995, Turner was his 

primary employee. Although she performed clerical duties for 

him, she was not authorized to use the business checkbook which 

 

 *Pursuant to Code § 17-116.010 this opinion is not 

designated for publication. 
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was located in an unlocked filing cabinet. 

 In December 1995, upon examining his business bank 

statements, Dr. Byrd discovered various checks out of sequence 

and several checks missing. He determined that three of the 

missing checks had been written for $625.29 each, payable to 

Turner. Dr. Byrd recognized the handwriting as Turner's. One 

check was dated Wednesday, November 8, 1995. Dr. Byrd testified 

that he is not in his office on Wednesdays and that Turner was 

the only person in his office that day. 

 The bank statements revealed that Dr. Byrd's Central 

Fidelity Bank business checking account was short the three 

forged checks, each in the amount of $625.29. Central Fidelity 

Bank reimbursed him that amount. 

 On March 19, 1996, a grand jury indicted Turner for grand 

larceny of "property and/or U.S. currency" belonging to Dr. Byrd. 

 However, the indictment was amended and specifies that: 

 Wanda Kaye Turner on or about June 1st 

through December 1st, in the year one 

thousand nine hundred and ninety-five, in the 

said County, and within the Jurisdiction of 

the said Circuit Court of the County of 

Hanover did unlawfully and feloniously take, 

steal and carry away U.S. currency from 

Central Fidelity Bank by cashing forged 

payroll checks having a value of $200 or more 

belonging to Eliott Bird [sic], D.D.S., with 

the intent to deprive the owner thereof 

permanently against the peace and dignity of 

the Commonwealth of Virginia. 

 Turner contends that no evidence proved that the offense was 

committed within the trial court's jurisdiction. The 
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Commonwealth argues that the checks used to effect the alleged 

larceny of Central Fidelity Bank were removed from Dr. Byrd's 

office in Hanover County which is within the jurisdiction of the 

trial court. The Commonwealth cites Randall v. Commonwealth, 183 

Va. 182, 31 S.E.2d 571 (1944), for the proposition that: 

 "The failure clearly to prove venue is 

usually due to inadvertence, flowing 

naturally from the familiarity of the court, 

counsel, witnesses and jurors with the 

locality of the crime; and appellate courts 

will generally and properly lay hold of and 

accept as sufficient any evidence in the 

case, direct or otherwise, from which the 

fact may be reasonably inferred." 

Id. at 187, 31 S.E.2d at 573 (citation omitted). 

 Code § 19.2-244 provides, in pertinent part, that: "Except 

as otherwise provided by law, the prosecution of a criminal case 

shall be had in the county or city in which the offense was 

committed." While "[t]he Commonwealth may prove venue by either 

direct or circumstantial evidence[,] . . . the evidence must be 

sufficient to present a '"strong presumption" that the offense 

was committed within the jurisdiction of the Court.'" Davis v. 

Commonwealth, 14 Va. App. 709, 711, 419 S.E.2d 285, 287 (1992) 

(citation omitted). 

 Turner was not indicted for stealing blank checks from Dr. 

Byrd or for forgery. Rather, she was charged with larceny of 

U.S. currency from Central Fidelity Bank. The record is devoid 

of any reference to the location of Central Fidelity Bank -- the 

alleged situs of the crime. While sufficient evidence 
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establishes that Turner removed the blank checks in Hanover 

County, we cannot infer upon that finding alone that a 

subsequent, separate and distinct offense of larceny of money 

from Central Fidelity Bank likewise occurred in Hanover County. 

Lacking such proof, the Commonwealth failed to prove that the 

larceny occurred within the trial court's jurisdiction. 

 The conviction is reversed, and the indictment is dismissed. 

 Reversed and dismissed.