McKenna v. State

Writ of error here is to review judgment of conviction of general larceny. The subject of larceny alleged was forty boxes of grapefruit of the value of $54.00. The amount and value of the fruit, together with its felonious asportation by the accused, was sufficiently established by substantial proof.

It is contended that one may not be prosecuted for grand larceny of grapefruit which he has stolen from trees because it is not the subject of larceny. This contention is not tenable. See Summerlin v. Orange Shores, Inc., 97 Fla. 996, 122 Sou. 508, where we held such fruits of trees to be…