Dukes v. State

The authorities in this state and elsewhere are to this effect: Where the possession of personal property is fraudulently obtained, ’ there being no intention on the part of the owner that ownership or legal title shall thereby pass, and the person who obtains the possession intends to deprive the owner of said property, and in pursuance of such intent does deprive the owner thereof, this is larceny.

But if at the time the possession is obtained, the owner intend that both possession and ownership shall pass to the other party, there can be no larceny of it by the latter, since no man can…