People v. Smith-Anthony

In this case, we consider the meaning of the phrase “from the person of another” under MCL 750.357, the larceny-from-the-person statute. Until 2004, Michigan’s robbery statute contained this phrase as well, so we also consider whether the 2004 amendment that removed this phrase from the robbery statute1 altered the meaning of “from the person” in the larceny-from-the-person statute.

We hold that Michigan law requires a defendant to take property from the physical person or immediate presence of a victim to commit a larceny from the person. In rare cases, a taking outside of a victim’s…