Delk v. State

Mississippi Supreme Court October 15, 1886

Delk v. State, 64 Miss. 77 (Miss. 1886)

Aknold

Opinion of the Court

AkNOLD, J.,

delivered the opinion of the court.

There is no error in the instructions for the State, and the fifth instruction asked by appellant was properly refused.

*80The doctrine is well settled in this State that it is not necessary to constitute larceny that the taking should be. lucri causa. A fraudulent taking and removal of the personal property of another with intent to wholly and permanently deprive the owner of the same is larceny. Warden v. The State, 60 Miss. 638 ; Hamilton v. The State, 35 Ib. 214; 2 Bish. Crim. L., § 758; Williams, etc., v. The State, 52 Ala. 411.

It was not necessary that the animal stolen should have been removed from the premises of the owner. To remove him with the requisite felonious intent from one part of the premises to another, or from the spot or house where he was found, was a sufficient asportation. 2 Bish Crim. L., §§ 794, 806; 3 Greenleaf Ev., § 154.

On the facts shown it was not error to overrule the motion for a new trial. Affirmed.

Reference

Full Case Name: James Delk v. State
Cited By: 14 cases
Status: Published
Syllabus: 1. Laboeny. Lucri causa. Intent in asportation. To constitute an element of larceny it is not necessary that the taking be lucri causa, but need only be fraudulent. Warden v. The State, 60 Miss. 638, and Hamilton v. The State, 35 Miss. 214, cited. 2. Same. Asportation. Case in judgment. D. went secretly to the stable of another, led therefrom a jack belonging to the latter, and, when fifteen or twenty feet from the door of the stable, killed the jack and left it lying on the owner’s premises. Held, that if such removal was felonious, there was a sufficient asportation to constitute an element of larceny.