Larceny

crim. law. The the tree by the owner or otherwise, wrongful and fraudulent taking and even by accident, as if shaken by the carrying away, by one person, of the wind, and while laying on the ground mere personal goods of another, from it should be taken with a felonious any place, with a felonious intent to intent, the taker would commit a convert them to his, the taker’s use, re larceny, because then it was perand make them his property, with- sonal property. In some states, there out the consent of the owner. To are statutory provisions to punish the constitute larceny, several ingredi- felonious taking of emblements or ents are necessary. Ist. The intent fruits of plants, while the same are of the party must be felonious; he hanging by the roots, and there the must intend to appropriate the pro- felony is complete, although the perty of another to his own use; if, thing stolen, is not at common law, therefore, the accused have taken strictly personal property. Larceny the goods under a claim of right, is divided in some states, into grand however unfounded, he has not com- and petit larceny; this depends upon mitted a larceny.

2d.

There must the value of the property stolen. be a taking from the possession, ac- Vide 1 Hawk, 141 to 250, ch. 19; tual or implied, of the owner; hence 4 BI. Com. 229 to 250; Com. Dig. if a man should find goods, and ap- Justices, O 4,5,6, 7,8; 2 East’s P. propriate them to his own use, he is C. 524 to791; Burn’s Justice, Larnot a thief on this account.

— 3d. cenv; Williams’s Justice, Felony; There must be a taking against the 3 Chittw’s Cr. Law, 917 to 992, will of the owner, and this may be in LASCIVIOUS CARRIAGE, tn some cascs, where he appears to Connecticut, is an offence, ill defined, consent;

— for example, if a man sus- created by statute, which enacts that pects another of an intent to steal every person who shall be guilty of LAS shall be punished by fine not exceeding ten dollars, or by imprisonment in acommon gaol, not exceeding two months, or by fine and imprisonment or both, at the discretion of the court.

This law was passed at a very early period. ‘Though indefinite in its terms, it has received a construction so limiting it, that it may be said to punish those wanton acts between persons of different sexes, who are not married to each other, that flow from the exercise of lustful passions, and which are not otherwise punished as crimes against chastity and public decency.

2 Swift's Dig. 343; 2 Swift’s Syst. 331.

Lascivious carrage may consist not only in mutual acts of wanton and indecent famillarity between persons of different sexes, but in wanton and indecent actions against the will, and without the consent of one of them, asif a man should forcible attempt to pull up the clothes of a woman.

5 Day, 81.