Supreme Court of Virginia
Com. v. McNeal
June 9, 2011282 Va. 16
Summary
The Supreme Court of Virginia reversed the Court of Appeals' judgment vacating McNeal's conviction under Code § 18.2-118 for failing to return rented property, and reinstated the conviction. The circuit court had before it two contradictory accounts — that McNeal kept the rented equipment for two to three months or that it was recovered one day after rental — and was entitled to credit the rental manager's testimony that the equipment was retained for months while rejecting her uncertain statement fixing the rental date. Because credibility determinations include resolving conflicts within a single witness's testimony, a rational trier of fact could find the elements of the offense beyond a reasonable doubt. The Court expressly declined to address whether the evidence established criminal intent, as McNeal abandoned that issue on brief.