People v. Cheong Foon Ark

Morrison, C. J.:

The defendant was convicted of the crime of grand larbeny, and larceny is defined by Section 484 of the Penal Code to be, “ the felonious stealing, taking, carrying, lending, or driving away, the personal property of another.” The Court instructed the jury as follows: “Grand larceny is the stealing, taking, or carrying away, the personal property of another, of the value of more than fifty dollars,”—omitting the word felonious. The charge was erroneous, as it omitted that word.

The Court told the jury that grand larceny is the stealing, taking, or carrying away (in the…