Welcome

Welcome to my Law blog specifically intended as an aid to law students. I will post comments and white papers, from time to time, and I am happy to carry on conversations with students who are in need of help in law school.


I am most conservative and appropriate in my approach so if you comment and/or have questions to ask, please do so with an equal degree of appropriateness.



I am a Professor of Law at Concord Law School, an Internet Law School located in Los Angeles, though I live, teach and otherwise work out of Lakewood, Colorado, resting up against the foothills just west of Denver.

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I have no set schedule of posting, but I hope you will check in from time to time.

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Thursday, April 29, 2010

2 – Theft Crimes (Larceny by Trick)

2 – Theft Crimes (Larceny by Trick)

PLEASE NOTE THAT THE FOLLOWING IS TAKEN FROM SOME OF MY CLASS NOTES, SOME OF WHICH IS MY OWN PERSONAL WORK AND SOME OF WHICH BELONGS TO CONCORD LAW SCHOOL.  IT IS POSTED TO HELP MY IL STUDENTS IN PARTICULAR.  IT CANNOT BE DISSEMINATED WITHOUT EXPRESS, WRITTEN PERMISSION.

Here is the definition that was stated in the last theft crimes post: Larceny by trick is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive, and after obtaining possession (but not title) by means of written or oral lies and/or promises.

The key here is “possession.” If the perpetrator obtains “title,” then it will not be larceny by trick.

Let’s try this example from an old English case, R. v. Pear, 168 Eng. Rep. 208. Defendants leases a horse from Owner, with the intent to sell the horse. Since Defendant took and removed the horse, he is guilty of larceny by trick. If Defendant had taken the horse intending to lease it, but later changed his mind and sold it, his taking would not have been trespassory and he would not be guilty of larceny by trick.

Next, we’ll look at embezzlement.

Professor Doug Holden
© 2010. Douglas S. Holden. All Rights Reserved.

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