Larceny

In criminal law. The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to his, the taker's, use, and make them his property without the consent of the owner.

2 East, P. C. 553; 4 Wash. C. C. (U. S.) 700.

In a recent English case, Mr. Baron Parke said that this definition, which was the most complete of any, was defective, in not stating what 'is the meaning of the word "felonious," which, he said, "may be explained to mean that there is no color of right or excuse for the act; and the 'intent' must be to deprive the owner, not temporarily, but permanently, of his property."

2 Car. & K. 942; 1 Den. C. C. 370; Tempi. & M. C. C. 40.

It is safer to be guided by the cases than by the definitions given by text writers. Larceny is of two kinds, namely, simple larceny, and compound larceny. (1) Simple larceny at common law is the taking and carrying away of the mere personal goods of another of any value, from any place, with a felonious intent to steal the same. This definition includes the following elements: (a) The subject of the offense must be the mere personal goods of another, though, at common law, other things are made the subject of larceny by statute. Therefore — (i) It must be personal, as distinguished from real property. (ii) It must be something which the law recognizes as property, and the subject of ownership. (iii) It must be of some value; but the least value to the owner is sufficient (iv) It must be the property of another; and mere possession Is enough as against others than the owner. (b) The goods must be taken, and the taking must be under such circuipstances as to amount technically to a trespass. (c) There must be some asportation or carrying away of the goods. (d) Both the taking and the carrying away must be with a felonious intent, — an intent to steal, — existing at the time. Grand and petit larceny. By statute in some jurisdictions, larceny has been divided, according to the value of the property or other circumstances, into grand larceny and petit larceny. (2) Compound larcenies are larcenies committed under certain aggravating circumstances. Thus: (a) At common law, robbery, which is larceny from the person or in the presence of another by violence, or by putting him in fear, is a compound larceny. (b) By statute in most jurisdictions, it is a compound larceny, punished more severely than simple larceny, to steal (1) from the person of another, or (2) from a dwelling house, or certain other places specified in the statute.

2 Clark & Marshall, Crimes, 649.