Bussart v. State

I cannot agree that the judgment should be reversed in this case because I think that where one obtains possession of property by means of fraud or trickery with the preconceived design to appropriate the property to his own use, the taking amounts to larceny because the fraud vitiates the transaction and the owner is still deemed to retain constructive possession of the property. The conversion of it by the defendant is such a trespass to that possession as to constitute larceny.

In this case possession of the check was delivered to the accomplice of the defendant only because of the trickery…