Milwaukee Mechanics' Ins. v. Heffernan

Under the sections of the Ohio Code relating to husband and wife, Section 7995 et seq., the wife had the right of property in and was the owner of the sedan; and it must be conceded that, although living apart, they were still husband and wife. The alimony decree did not affect that relation.

It is contended by counsel for the insurance company that since this court, in State v. Phillips, 85 Ohio St., 317, 97 N. E., 976, 40 L. R. A. (N. S.), 142, Ann. Cas., 1913B, 250, decided that a husband could not be convicted for larceny of the wife’s property, there could be no theft of the sedan within…