Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Rogers, ___ N.C. App. ___, 805 S.E.2d 172 (Sept. 5, 2017)
The evidence was sufficient to convict the defendant of larceny of a firearm. The court rejected the defendant’s argument that the evidence was insufficient to show that he intended to permanently deprive the victim of a firearm, noting: “Generally, where a defendant takes property from its rightful owner and keeps it as his own until apprehension, the element of intent to permanently deny the rightful owner of the property is deemed proved.” Here, the defendant was apprehended by law enforcement officers with the stolen pistol hidden in the spare tire well of his vehicle.