State v. Arnold

Defendant was convicted of grand larceny in the first degree and appeals from an order denying her motion for a new trial. The money for the theft of which she was convicted was approximately $2,000 belonging to her husband.

The appeal squarely raises the question whether or not in the present state of the law in Minnesota a wife may be guilty of the larceny of her husband’s property. At common law such a crime could not be committed by the wife, nor could a husband commit larceny of his wife’s personal property. The theory was that the unity of the spouses in the marriage status precluded the…