Commonwealth v. Rourke

The single question presented by the record here, is, whether an indictment can be sustained for the larcenious taking of money, which the party, from whom it is *398taken, had obtained by the sale of intoxicating liquors in violation of the laws of the commonwealth ?

It has been very ingeniously argued by the defendant’s counsel, that money, so obtained, is destitute of the rights of property, and being thus in a manner outlawed, is not entitled to legal protection, and is incapable of being the subject-matter of larceny; in a word, that it may be stolen with absolute impunity.

We might have…