CRM/LAW C144 Chapter Notes - Chapter Week 9: Federal Reporter, Jury Trial, Computer Terminal
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Theft offenses: the means of acquisition: trespassory takings. Commonwealth v. tluchak superior court of pennsylvania 166 pa. super. Appellants sold their farm to a prosecutor and his wife. Appellants were charged with larceny for the missing articles. Commonwealth contended that the articles missing were part of an oral agreement; the appellants say it was not. Jury found that the appellants sold but had failed to deliver the goods. Appellants were not guilty of larceny; one who has legal possession of goods cannot be convicted of larceny. Larceny requires a trespassory taking as well as carrying away. Nolan v. state maryland court of appeals 213 md. Defendant and his accomplice worked for a finance company. At the end of the day the accomplice would compute the cash payment receipts, after they had been placed in a cash drawer during each transaction. The defendant would then take some cash, and the accomplice would recalculate the remaining cash.