Larceny defined. CHAPTER IV. LARCENY. SECTION 584. Larceny defined. 589. Punishment of grand larceny. 590. Punishment of petit larceny. 591. Of grand larceny committed in dwelling house or vessel. 592. Of grand larceny committed in the night time, from the person. 593. Larceny of written instrument. 594. Value of passage ticket. 595. Securities completed, but not yet issued, declared property. 596. Severing and removing a part of the realty, declared larceny. 597. Stealing wrecked goods, &c. 598. Receiving stolen property. 599. Fraudulent consumption of illuminating gas. 600. Larceny committed out of this state. S584. Larceny is the taking of personal property accomplished by fraud or stealth, and with intent to deprive another thereof. Four of the crimes affecting property, require to bo somewhat carefully distinguished: robbery, larceny, extortion and embezzlement. The leading distinctions between these, in the view taken by the Commissioners, may be briefly stated thus: All four include the criminal acquisition of the property of another. In robbery this is accomplished by means of force or fear, and by overcoming or disregarding the will of the rightful possessor. There is a taking of property from another against his consent; the physical power to resist being overcome by force, or what is equivalent in law, the moral power to refuse being prostrated by fear. In larceny there is still a taking; but it is accomplished by fraud or stealth; the property is taken, not against the consent of the owner, but without it. In extortion there is again a taking. Now it is with the consent of the party injured; but this is a consent induced by threats, or under color of some official right. In embezzlement there is no taking, in the technical sense; that is, no taking from the possession of another. The offender Thus being in possession of the property in virtue of some trust, which the law deems worthy of special sanction, applies it by fraud or stealth to his own use. extortion partakes in an inferior degree of the nature of robbery, and embezzlement shares that of larceny. A In larceny it is not necessary that the property taken should be strictly the property of another person. man may be guilty of stealing his own property, when done with intent to charge another person with the value of it; e. g., where property which has been levied upon is stolen from the officer by the general owner. Palmer v. People, 10 Wend., 165; see also People v. Call, 1 Den., 120. As to what property may be the subject of larceny, see Rex v. Westbee, Leach, 15; Rex v. Hedge, Id., 240; Rex r. Martin, Id., 205; Rex v. Cheafor, 2 Den. & P., 361; 5 Cox Cr., 367; Reg. v. White, 6 Cox Cr. Cas., 213; 7 Id., 183; Reg. v. Smith, Id., 93; Reg. v. Jones, Id., 498; Reg. v. Morrison, 8 Cox Cr. Cas., 194; Linenden's Case, 1 City H. Rec., 30; Ward v. People, 6 Hill, 144; People v. Caryl, 12 Wend., 547; Johnson v. People, 4 Den., 364; Low v. People, 2 Park. Cr., 37; People v. Loomis, 4 Den., 380; Payne v. People, 6 Johns., 103; People v. Campbell, 4 Park. Cr., 386; People v. Bradley, Id., 245; Corbett v. State, 31 Ala., 329; State v. Hall, 5 Harring., 492; State v. Bond, 8 Clarke, 540; Commonwealth v. Rourke, 10 Cush., 397; State v. Taylor, 3 Dutch., 117. As to what constitutes a sufficient removal or asportation of the property to constitute larceny, see Rex r. Coslet, Leach, 271; Rex v. Lapier, Id., 360; Rex v. Farrell, Id., 362, n.; Rex v. Simpson, Id., 362, n.; Tobias' Case, 1 City Hall Rec., 30; Philips' Case, 4 Id., 177; McDowel's Case, 5 Id., 94; Scott's Case, Id., 169; Reg. v. Hall, 3 Cox Cr. Cas., 245; Reg. v. Wallis, Id., 67; 10 Law T., 49; Reg. v. Lawrence, 4 Cox Cr. Cas., 438; Reg. v. Simpson, 6 Id., 422; 24 Law J. (m. c.), 7. As to what is an intent to deprive another of his interest in the property taken, within the meaning of the law of larceny, see Reg. v. Wynn, 3 Cox Cr. Cas., 269; 1 Den. C. C. R., 365; Reg. v. Holloway, 3 Cox Cr. Cas., 241; 1 Den. C. C. R., 370; Reg. v. Beecham, 5 Cox Cr. Cas., 181; Reg. v. O'Donnell, 7 Id., 337; Reg. v. Pooie, Id., 373; Reg. v. Guernsey, 1 Fost. & F., 394; Crocheron's Case, 1 City Hall Rec., 177; Ellis v. People, 21 How. Pr., 356; State v. Bond, 8 Clarke, 540; Hamilton v. State, 35 Miss., 214; State v. Gresser, 19 Mis., 247; U. S. v. Durkee, 1 McAll. C. C., 196; Alexander v. State, 12 Tex., 540; Dignowitty v. State, 17 Tex., 521. For cases upon the distinction between a taking originally felonious, and which is therefore larceny, and a possession acquired without intent to steal, and followed by a wrongful appropriation, see Rex v. Bass, Leach, Larceny of lost pro perty. 285; Rex v. Chipchase. Id., 805; Rex v. Palmer, Id., 782; Rex v. Sharpless, Id., 108; Rex v. Aickles, Id., 330; Rex v. Harvey, Id., 528; Rex v. Charlewood, Id., 756; Rex v. Pear, Id., 253; Rex v. Tunnard, Id. 255, n.; Rex v. Semple, Leach, 470; Rex v. Wilkins, Id., 586; Reg. v. Cole, 2 Cox Cr. Cas., 340; Reg. v. Thistle, 3 Id., 573; Reg. v. Hey, 3 Id., 582; Reg. v. Roberts, Id., 74; Reg. v. Janson, Id., 82; Reg. v. Brockett, 4 Id., 274; Reg. v. Mattheson, 5 Id., 276; Reg. v. Webb, Id., 154; Reg. v. Medland, Id., 292; Reg. v. Jones, Id., 156; Reg. v. Peyser, Id., 241; Reg. v. Johnson, Id., 372; Reg. v. Saward, Id., 295; Reg. v Riley, 6 Id., 28; Reg. v. Featherstone, Id., 376; Reg. v. Cornish, Id., 432; 33 Eng. L. & Eq., 527; Reg. v. Fitch, 7 Cox Cr. Cas., 269; Reg. v. Davis, 2 Jur. (N. S), 478; 36 Eng. L. & Eq., 607; Reg. v. Wright, 7 Cox Cr. Cas., 413; 4 Jur. (N. S.), 313; Reg. v. Brown, 36 Eng. L. & Eq., 610; 2 Jur. (N. S.), 192; Reg. v. Poole, 7 Cox Cr. Cas., 373; Reg. v. Williams, Id., 355; Reg. v. North, 8 Id., 433; Reg. v. Bramley, Id., 468; Reg. v. Thompson, 15 Law T., 101; Reg. v. Guernsey, 1 Fost. & F., 394; Reg. v. Gillings, Id., 36; Reg. v. Hooper, Id., 85; Mourey v. Walsh, 8 Cow., 238; Ross r. People, 5 Hill., 294; Dayton's Case, 2 City H. Rec., 167; Dow's Case, Id., 129; Lloyd's Case, Id., 132; McClure's Case, Id., 154; O'Terre's Case, Id., 154; Valentine's Case, 4 Id., 33; Bowen's Case, Id., 46; Langley's Case, Id., 159; Bartrons' Case, 6 Id., 56; Cochran's Case, Id., 62; People v. Jackson, 3 Park. Cr., 590; People v. Wood, 2 Id., 22; People v. Call, 1 Den., 120; Nichols v. People, 17 N. Y., 114; People v. Schuyler, 6 Cow., 572; Ennis v. State, 3 Iowa, 67; Spivey v. State, 26 Ala., 79; Commonwealth v. King, Cush., 284; Commonwealth v. White, 11 Id., 483; Richards v. Commonwealth, 13 Gratt., 803; Welsh v. People, 17 Ill., 339; Farrell v. People, 16 Id., 506; White v. State, 11 Tex., 469; Watson v. State, 36 Miss, 593. $585. One who finds lost property under circumstances which give him knowledge or means of inquiry as to the true owner, and who appropriates such property to his own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him as the circumstances render reasonable and just, is guilty of larceny. See Reg. v. Dixon, 36 Eng. L. & Eq., 597: Reg. v. York, 3 Cox Cr. Cas., 181; 18 L. J. (M. C.), 38; Reg. v. Thorburn, 3 Cox Cr. Cas., 453; Reg. v. Preston, 5 Id., 390; Reg. v. Pierce, 6 Id., 117; Reg. v. West, Id., 415; Reg. petit $ 586. Larceny is divided into two degrees; the Grand and first of which is termed grand larceny, the second larceny. petit larceny. The use of the terms "grand" and "petit "larceny is so interwoven with the law of this subject, that it is expedient to retain them; but a provision describing them as "degrees" of the offense, is necessary to render the provisions of section 9 of this Code applicable to this crime. ceny defined S587. Grand larceny is larceny committed in either Grand lar of the following cases: 1. When the property taken is of value exceeding twenty-five dollars; 2. When such property, although not of value exceeding twenty-five dollars in value, is taken from the person of another. Laws of 1860, ch. 508, § 33; See 2 Rev. Stat., 679, § 63; S588. Larceny in other cases is petit larceny. Petit lar ceny. S589. Grand larceny is punishable by imprison- Punish ment in a state prison not exceeding five years. See 2 Rev. Stat., 679, § 63; and 2 Rev. Stat., 690, § 1. ment of grand larceny. Punishment of petit lar ceny of grand larceny in dwelling house or vessel. $590. Petit larceny is punishable as a misdemeanor. By the present law (2 Rev. Stat., 690, § 1), the punishment prescribed for petit larceny, is imprisonment in a county jail not exceeding six months, or by a fine not exceeding one hundred dollars, or both. The above section involves, therefore, a discretionary power, in the court, to impose an increased punishment. The change is suggested with a view to render the system of punishment prescribed by this Code, as a whole, more simple and harmonious. S591. When it appears upon the trial of an indictcommitted ment for grand larceny that the larceny alleged was committed in any dwelling house or vessel, the offender may be punished by imprisonment in a state prison not exceeding eight years. Of grand larceny time from See 2 Rev. Stat., 679, § 64. S592. When it appears upon such trial, that such committed larceny was committed by stealing in the night time, from the person of another, the offender may be punished by imprisonment in a state prison not exceeding ten years. the person. Larceny of written 2 Rev. Stat., 679. § 65. S 593. If the thing stolen consists of any evidence instrument. of debt, or other written instrument, the amount of money due thereupon, or secured to be paid thereby, and remaining unsatisfied, or which in any contingency might be collected thereon, or the value of the property, the title to which is shown thereby, or the sum which might be recovered in the absence thereof, as the case may be, shall be deemed the value of the thing stolen. The language of our present statute on this subject is as follows: "If the property stolen consist of any bond, covenant, note, bill of exchange, draft, order or receipt, or any other evidence of debt, or of any public security issued by the United States, or by this state, or of any instrument whereby any demand, right or obligation shall be created, increased, released, extinguished or dimin ished" (except, &c.), "the money due thereon or secured thereby, and remaining unsatisfied, or which in any event or contingency might be collected thereon, or the value of the property transferred or affected thereby, as the |