People v. Jersey
California Supreme Court
Appeal from the Court of Sessions of Solano. Indictment for larceny, charging that the defendant didunlawfully and feloniously steal, taire and lead away, one light bay gelding horse,” etc. On the trial, the prosecution proved, among other things that defendant came to the livery stable of one Owen, at Suisun City, and hired a horse and saddle to go to Vacaville, promising to be back by nine o’clock in the evening of the sainó day, and that he never did return.
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Appeal from the Court of Sessions of Solano. Indictment for larceny, charging that the defendant didunlawfully and feloniously steal, taire and lead away, one light bay gelding horse,” etc. On the trial, the prosecution proved, among other things that defendant came to the livery stable of one Owen, at Suisun City, and hired a horse and saddle to go to Vacaville, promising to be back by nine o’clock in the evening of the sainó day, and that he never did return. The Court charged the jury if they believed from the evidence that defendant took and carried away and converted the horse and saddle…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
Judgment reversed. The indictment is only good as an indictment for ordinary larceny, but not good as an indictment.for the statutory offense of converting property of which the defendant was bailee. The offense of larceny, apart from the crime constituted by statute from the conversion of a bailed article, is not complete, unless the original taking be felonious. In other words, in this case, the prisoner, at the time of hiring the horse, must have intended tó steal it, the felonious intent at the time of the taking being of the essence of the crime. The Court erred…
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