A Practical Treatise on Criminal Procedure with Directions and Forms

A Practical Treatise on Criminal Procedure with Directions and Forms

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1896 edition. Excerpt: ...of the goods is an act of larcen y. lf, however, he sell the entire package in its original state it is held by the common law authorities that it is a mere breach of trust.." 1 l Denison, C. (1,387.. 1 in Baker vi. State, 29 O. S., 184, it was held that where a person finds goods that have actually been lost. and takes possession with intent to appropriate them to his own use, really believing at the time, or having good ground to believe that the owner can be found, it is larceny. '1 Hale, P. C., 504. " So if a man deliver goods to a carrier, to carry to Dover, he carries them away, it is no felony; but if the carrier have a bale or Starkie observes that "the distinction which has constantly been recognized, although its soundness has been doubted, seems to be a natural and necessary consequence of the simple principle upon which this branch of the law rests; and although it may at first sight appear somewhat paradoxical and unreasonable thata mm should be less guilty in stealing the whole than in stealing a part, yet such a distinction will appear to be well warranted when it is considered how necessary it is to preserve the limits which separate the offense of larceny from a breach of trust as clear and definite as the near and proximate nature of these offenses will permit, and that the distinction results from a strict application of the rules which distinguish those offenses. If the carrier were guilty of felony in selling the whole package, so would every other bailee or trustee, and the offense of larceny would be confounded with that of a mere breach of trust and indefinitely extended."' Other cases are referred to in the common law works on criminal law, that do not properly come under the head of...show more

Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236791800
  • 9781236791801