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.

In criminal law. The wrongful and fraudulent inking 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. State v. South, 28 N. J. Law, 31, 75 Am. Dee, 250; State v. Chambers, 22 W. Va. 786, 46 Am. Rep. 550; State v. Parry, 48 La. Ann. 1483, 21 South. 30; Haywood v. State, 41 Ark. 479; Philamalee v. State, 58 Neb. 320, 78 N. W. 625; People v. Bosworth, 64 Hun, 72, 19 N. Y. Supp. 114; State v. Hawkins, 8 Port. (Ala.) 463, 33 Am. Dec. 294/ The felonious taking and carrying away of the personal goods of another. 4 Bl. Comm. 229. The uniawful taking and carrying away of things personal, with intent to deprive the right owner of the same. 4 Steph. Comm. 152. The felonious taking the property of another, without his censeut and against his wlll, with intent to convert it to the use of the taker. Hammonis Case, 2 Leach, 1089. The taking and removing, by trespass, of personal' property which the trespasser knows to belong either generally or specially to another, with the intent to deprive such owner of his ownership therein; and, perhaps it should be added, for the sake of some advantage to the trespasser,—a proposition on which the decisions are not harmonious. 2 Bish. Crim. Law, §§ 757, 758. Larceny la the taking of personal property, accomplished by fraud or stealth, and with intent to deprive another thereof. Pen. Code Dak. § 580. Larceny is the felonious stealing, taking, carrying, leading, or driving away the personal property of another. Pen. Code Cal. § 484.

— Constructive larceny. One where the felonious intent to appropriate the goods to his own use, at the time of the asportation, is made out by construction from the defendant's conduct, although, originally, the taking was not apparently felonious. 2 East, P. C. 685 ; 1 Leach, 212.

— Compound larceny. Larceny or theft accomplished by taking the thing stolen either from one's person or from his house; otherwise called "mixed" larceny, and distinguished from "simple" or "plain" larceny, in which the theft is not aggravated by such an intrusion either upon the person or the dwelling. Anderson v. Wmfree, 85 Ky. 597, 4 S. W. 351; State v. Chambers, 22 W. Va. 786, 46 Am. Rep. 550.

— Grand larceny. In criminal law. In England, simple larceny, was originnily divided into two sorts,
—grand larceny, where the value of the goods stolen was abave twelve pence, and petit larceny, where their value was equal to or below that sum. 4 Bl. Comm. 229. The distinction was abolished in England by St. 7 & 8 Geo. IV. c. 29, and is not generally recognized in the United States, although in a few states there is a statutory offense of grand larceny, one essential element of which is the value of the goods stolen, which value varies from $7 in Vermont to $50 in California. See State v. Bean, 74 Vt 111, 52 Atl. 269; Fallon v. People, 2 Keyes (N. Y.) 147; People v. Murray, 8 Cal. 520; State v. Kennedy, 88 Mo. 343.

— Larceny by bailee. In Pennsylvania law. The crime of larceny committed where "any person, being a bailee of any property, shall fraudulently take or convert the same to his own use, or to the use of any other person except the owner thereof, although he shall not break bulk or otherwise determine the bailment" Brightly's Purd. Dig. p. 436, § 177. And see Welsh v. People, 17 111. 339; State v. Skinner, 29 Or. 599, 46 Pac. 368.

— Larceny from the person. Larceny committed where the property stolen is on the person or in the immediate charge or custody of the person from whom the theft is made, but without such circumstances of force or violence as would constitute robbery, including pocket-picking and such crimes. Williams v. U. S., 3 App. D C 345; State v. Eno, 8 Minn. 22o (Gil. 190).

— Mixed larceny. Otherwise called "compound" or "complicated larceny;" that which is attended with circumstances of aggravation or violence to the person, or taking from a house.
—-Petit larceny. The larceny of things whose value was below a certain arbitrary standard, at common law twelve pence. See Ex parte Bell, 19 Fla. 612: Barnhart v. State, 154 Ind. 177, 56 N. E. 212; People v. Ri-ghetti, 66 Cal. 184, 4 Pac. 1185.

— Simple larceny. Larceny which is not complicated or aggravated with acts of violence. Larceny from the person, or with force and violence, is called "compound" larceny. See State v. Chambers, 22 W. Va. 786, 46 Am. Rep. 550; Anderson v. Winfree, 85 Ky. 597. 4 S. W. 351; Pitcher v. People, 16 Mich. 142.

In criminal law. The wrongful and fraudulent taking and earrying away by one person of the mere personal goods of another from any place, with a fe- Jonious 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. 700. The felonious taking and carrying away of the personal goods of another. 4 Bl. Comm. 229. The unlawtui taking and carrying away of things personal, with intent to deprive the right owner of the same. 4 Steph. Comm. 152. The felonious taking the property of another, without his consent and against his will, with intent to convert it to the use of the taker. 2 Leach, 1089. The taking and removing, by trespass, of personal property which the trespasser knows to belong either generaily or specially to another, with the intent to deprive such owner of his ownership therein; and, perhaps it which the decisions ara not harmonious. 2 Bish. Crim. Law, §§ 757, 758. Larceny is the taking of personal property, aceomplished by frand or stealth, and witn intent to deprive another thereof. Pen. Code Dak. § 580. Larceny is the felonious stealing, taking, carry- {ug, leading, or driving away the personal property of another. Pen. Code Cal § 454. Larceny is sometimes divided into “simple” and “compound” or “mixed” larceny; the former term applying to cases of simple theft; the latter to cases of stealing attended with some recognized circumstances of aggravation, such as larceny from aship or wharf, or from a dwelling-house in the day-time, or from the person. Lareeny was also divided into “grand” and “petit” lareeny, the distinction turning on an arbitrary division of the value of the goods stolen. This division is now abolished in England (7 & 8 Geo. [V.c. 29, § 2) and in many of the United States, but still subsists in some jurisdictions. For the distinction between “larceny” and “burgiary,” “extortion,” “false pretenses, ” and “robbery,” see those titles.

The forcible or fraudulent taking and carrying away the goods of another, with intent to convert them to one's own property. If the taking be lawful, the carrying away was formerly embezzlement; but is now made by statute, in some cases, larceny. If openly, from the person, by force or "fear, it is robbery. If money be taken under color of office,*or.by of Bcial oppression and threats, it is extortion. If from the person, in a dwelling-house (in the daytime, v. Burglary), or on a wharf, it is compound or mixed larceny; as distinguished from simple larceny, which covers ordinary cases of theft. There was formerly also a distinction between grand and petit larceny, turning on the value of the goods stolen. If the owner intend to part with the entire right of property, it is obtaining goods under false pretences; if he merely intend to relinquish possession, it is stiU larceny; the goods in both cases being obtained by fraud. Larcyn,^. Larceny; robbery.

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.