CRM/LAW C144 Chapter Notes - Chapter 9: Theft Offenses: Shoplifting, Pickpocketing, Larceny
30 May 2017
School
Department
Course
Professor
Document Summary
Criminal law and its processes, kadish et al. 1035-1038: the means of acquisition, trespassory takings. Appellants, husband and wife, appealed from convictions for larceny: the husband was sentenced to pay a fine of and make restitution, sentence was suspended in the wife"s case. These included: an unattached washstand, a hay carriage, and 30-35 peach trees. These articles were charged in the indictment as subjects of the larceny. The commonwealth contended that the articles which were not covered by the written contract had been sold by an oral agreement between the parties. Judgments and sentences reversed and appellants discharged without delay. Notes: traditional asportation and its statutory variants, both at common law and under statutory formulations, larceny requires a trespassory taking as well as a carrying away (asportation). a. i. While courts have substantially minimized the significance of this requirement by holding that any movement of the thing, no matter how slight, is sufficient, problems still may arise. a. ii.
