Commonwealth v. Compel

Opinion by

Spaeth, J.,

Appellant was convicted by a judge sitting without a jury of burglary, larceny and receiving stolen goods. The conviction arose from the fact that on the evening of November 9, 1971, appellant took four horses from the Valleybrook Stables in South Park Township, Allegheny County. Appellant admits he took the horses; however, he contends he did not steal them because he reasonably believed the horses were his.

“ ‘Larceny may be defined to be the fraudulent taking'and carrying away of a thing without claim of right, with the intention of converting it to a use other than…