People v. Johnson

The defendant is charged with the commission of the crime of grand larceny in the first degree.

The first count of the indictment charges the com*90mission of common-lav larceny, so-called, and the second count charges the commission of larceny by false pretenses.

It must appear that the people have established the crime of larceny under one or the other of these counts, or the indictment must be dismissed and the defendant acquitted.

In my opinion the prosecution has failed to establish common-lav larceny, vhich is defined as the form of larceny vhere the defendant furtively, vithout the consent…