McJenkin v. State

Mr. Wharton, in discussing larceny, says: “Where property is taken under a claim of right, if this claim be bona fide and fair, the court should direct an acquittal.” 2 Wharton’s Criminal Law, 1345, § 1121. In his statement to the jury the defendant said: “I certainly never had any intention of stealing anything from Mr. Arnold and I did not steal anything from him. He actually owes me an amount of money and I owe him a lesser amount.” Continuing, Mr. Wharton says: “Taking in order to force the payment of a debt may be larceny when the intention is to deprive the owner permanently of his…