State v. RogersÂ, 255 N.C. App. 413

On Aug. 19–20, 2015, Micah Paul Rogers (Defendant) attended a gathering at Sue Marie Sachs’ home; he passed out with a loaded pistol in his pants.
Sachs and Weber secured the pistol: Weber placed it in a cabinet, Sachs removed the bullets and put the unloaded pistol in a camper in the yard.
Defendant woke, searched for the pistol, argued with Sachs, shoved her, and grabbed the unloaded pistol from her; he fled the scene.
Sachs called 911 reporting the firearm stolen. Police arrested Defendant a few blocks away and found Sachs’ pistol hidden in a latched spare-tire well in his vehicle beneath his personal effects.
At arrest, Defendant denied knowledge of any firearm. He was convicted by a jury of larceny of a firearm; he appealed arguing insufficient evidence of intent to permanently deprive the owner.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the evidence sufficed to prove Defendant's intent to permanently deprive Sachs of her pistol	The State: concealment of the pistol in a spare-tire well and Defendant's post-arrest statements permit an inference of intent to permanently deprive	Rogers: he took the unloaded pistol only to avoid being shot (temporary, defensive purpose), not to permanently deprive Sachs	Court: Affirmed. Substantial evidence supported an inference of intent to permanently deprive based on flight, concealment, and equivocal statements to police

State v. Marley, 227 N.C. App. 613 (appellate standard of review for sufficiency of evidence)
State v. Scott, 356 N.C. 591 (standard for reviewing motions to dismiss for insufficiency of the evidence)
State v. Horner, 248 N.C. 342 ("more than a scintilla" standard for sufficiency)
State v. Smith, 268 N.C. 167 (intent to permanently deprive inferred from taking and keeping property; contrasts temporary use)
State v. Bell, 285 N.C. 746 (intent is seldom provable by direct evidence; may be inferred from circumstances)
State v. Sheppard, 228 N.C. App. 266 (elements of larceny of a firearm)