Commonwealth v. Titus
Massachusetts Supreme Judicial Court
Indictment against Lucian M. Titus and Elbridge F. Horr, charging them jointly with the larceny of certain articles of personal property alleged to be the property of Nancy Meacham. Trial in the Superior Court, before Aldrich, J., who allowed the following bill of exceptions: “ The defendant Horr pleaded guilty. Titus pleaded not guilty.
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Indictment against Lucian M. Titus and Elbridge F. Horr, charging them jointly with the larceny of certain articles of personal property alleged to be the property of Nancy Meacham. Trial in the Superior Court, before Aldrich, J., who allowed the following bill of exceptions: “ The defendant Horr pleaded guilty. Titus pleaded not guilty. Upon his trial the government introduced evidence tending to prove the ownership of the property as alleged in the indictment; and that the owner, while riding on one of the public highways in Athol, lost the wallet or travelling bag containing the articles…
1Opinion of the CourtGray, C. J.
The rulings and instructions at the trial were quite as favorable to the defendant as the great weight, if not the unanimous concurrence, of the cases cited on either side at the argument would warrant.
The finder of lost goods may lawfully take them into his possession, and if he does so without any felonious intent at that time, a subsequent conversion of them to his own use, by whatever intent that conversion is accompanied, will not constitute larceny. But if, at the time of first taking them into his posses*45sion, he has a felonious intent to appropriate them to his own use and to deprive…
2Cited by12 opinions
- Berry v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Griggs v. StateSupreme Court of Alabama · 1877
- Rose v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Brewer v. StateSupreme Court of Arkansas · 1910
- State v. CliffordNevada Supreme Court · 1879
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