Crim. law. The wrongful and fraudulent taking and carrying away, by one person, of the mere personal goods, of another, from any place, with a felonious intent to convert them to his, the taker's use, and make them his property, without the consent of the owner. 4 Wash. C. C. R. 700.
2. To constitute
larceny, several ingredients are necessary. 1. The intent of the party must be felonious; he must intend
to appropriate the property of another to his own use; if, therefore, the accused have taken the goods under a claim of right, however unfounded, he has not committed a larceny.
3. - 2. There must be a taking from the possession, actual or implied, of the owner; hence if a man should find goods, and appropriate them to his own use, he is not a thief on this account. Mart. and Yerg. 226; 14 John. 294; Breese, 227.
4. - 3. There must be a taking against the will
of the owner, and this may be in some cases, where he appears to consent; for example, if a man suspects another of an intent to steal
his property, and in order to try him leaves it in his way, and he takes it, he is guilty of larceny. The taking must be in the county where the criminal is to be tried. 9 C. & P. 29; S. C. 38 E. C. L. R. 23; Ry. & Mod. 349. But when the taking has been in the county or state, and the thief is caught with the stolen property
in another county than that where the theft was committed, he may be tried in the county where arrested with the goods, as by construction of law, there is a fresh taking in every county in which the thief carries the stolen property.
5. - 4. There must be an actual carrying away, but the slightest removal, if the goods are completely in the power of the thief, is sufficient to snatch a diamond from a lady's ear, which is instantly dropped among the curls of her hair, is a sufficient asportation or carrying away.
6. - 5. The property taken must be personal property; a man cannot commit larceny of real estate, or of what is so considered in law. A familiar example will illustrate this; an apple, while hanging
on the tree where it grew, is real estate, having never been separated from the freehold; it is not larceny, therefore, at common law, to pluck an apple from the tree, and appropriate it to one's own use, but a mere trespass; if that same apple, however, had been separated from the tree by the owner or otherwise, even by accident, as if shaken by the wind, and while lying on the ground it should be taken with a felonious intent, the taker would commit a larceny, because then it was personal property. In some states there are statutory provisions to punish the felonious taking of emblements
or fruits of plants, while the same are hanging by the roots, and there the felony is complete, although the thing stolen is not, at common law, strictly personal property. Animals ferae naturae
, while in the enjoyment
of their natural liberty
, are not the subjects of larceny; as, doves; 9 Pick. 15; Bee. 3 Binn. 546. See Bee; 5 N. H. Rep. 203. At common law, choses in action
are not subjects of larceny. 1 Port. 33.
7. Larceny is divided in some states, into grand and petit larceny this depends upon the value of the property stolen. Vide 1 Hawk, 141 to 250, ch. 19; 4 Bl. Com. 229 to 250; Com. Dig. Justices, O 4, 5, 6, 7, 8; 2 East's P. C. 524 to 791; Burn's Justice, Larceny; Williams' Justice, Felony; 3 Chitty's Cr. Law, 917 to 992; and articles Carrying Away; Invito Domino
; Robbery; Taking; Breach, 6.