Com. v. McNeal, 282 Va. 16

McNeal leased a 10-foot aluminum brake with stand for one week (Sept 18, 2008) valued at about $2,500; he did not return it after the rental period; the deputy recovered the item Sept 19, 2008 from McNeal’s sister’s residence and returned it to the store; the total rental charges were $1,518.98, including $300 for a stand replacement; Workman, the store manager, testified she could not confirm exact dates and stated the item was not returned for two to three months; the circuit court found he possessed the property beyond ten days and convicted him under Code § 18.2-118; the Court of Appeals reversed, deeming the evidence insufficient due to conflicting testimony; the Commonwealth appeals to this Court on sufficiency of evidence for the conviction under Code § 18.2-118.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence proved failure to return within ten days after lease expiry	McNeal kept the property for two to three months	Dates and consignee testimony conflict; could not prove ten-day return	Yes; rational factfinder could find beyond a reasonable doubt
Whether the circuit court properly resolved conflicting testimony	Evidence supported two-to-three-month retention	Credibility of dates disputed; no clear return date	Circuit court could credit the version showing nonreturn within ten days
Whether the trial court erred in denying a motion to strike	Evidence shows no clear criminal intent	Record shows lengthy retention and substantial charges	Not error; credibility resolved by trial court and conviction sustained
Whether the evidence was sufficient to support a larceny conviction under Code § 18.2-118	Evidence showed failure to return after expiration	Conflicting dates create reasonable doubt	Sufficient; proof supported by accrued charges and nonreturn
Whether Court of Appeals erred in reversing the conviction	Settlement of dates allowed inference of guilt	Conflicting testimony requires acquittal	Court of Appeals erred; conviction reinstated

Vincent v. Commonwealth, 276 Va. 648 (Va. 2008) (standard for reversing sufficiency review; evidence viewed in light favorable to Commonwealth)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (requisite proof beyond a reasonable doubt; standard for sufficiency)
Noakes v. Commonwealth, 280 Va. 338 (Va. 2010) (credibility and conflicting evidence addressed on review)
Brown v. Commonwealth, 278 Va. 523 (Va. 2009) (trial court credibility determinations respected on appeal)
Maxwell v. Commonwealth, 275 Va. 437 (Va. 2008) (sufficiency review framework; appellate deferential standard)
Williams v. Commonwealth, 278 Va. 190 (Va. 2009) (credibility and evidentiary value; defer to trial court)