LARCENY (OF. lurrecin, larein, Fr. larcin, from Lat. latrocinium. robbery, from latrocinari, to commit highway robbery, from Wm, highway man). The wrongful appropriation and carrying away by one person of the personal property of another, with a felonious intent to convert such property to his own use against the consent of the owner. By the common law larceny was either compound, i.e. the taking and carrying away with felonious intent of personal property from the person or house of the owner, or simple. Simple larceny was called grand larceny where the value of the stolen property was more than 12 pence, and petit where the value was less.
Only personal property can be the subject of larceny at common km For injuries to the realty a remedy must be sought in trespass. Thus, if one enter upon another's premises and sever and carry away growing crops from the soil or fruit from the trees. he is not guilty of larceny. but is chargeable in trespass for goods carried away; but if an interval elapse after the severing and acts of trespass. and he come upon the premises and carry away the property, now detached from the realty, so that his taking amounts to a distinct transaction from the sever ance, he is guilty of larceny if other necessary elements of the offense, as intent. etc., concur. By the common law undomesticated animals (see FER.E were not the subject of larceny, nor even when domestieat•d. unless their flesh were used for food. Accordingly, for instance, there was not such right of property in a dog that larceny of him could be committed. The property taken must have some value, however small; but the common law refused to recognize any value in assignable evidences of debt or mere rights to the recovery of debt, so that there could be no larceny of account-books or notes, or mere personal securities of any kind. But it Ls other wise by statute law, which has also removed in most of the United States the distinction between different degrees of larceny, wherever such dis tinction has obtained.
To constitute larceny. the property must be actually taken and carried away; must be in the absolute possession of the thief; the taking and carrying must be against the consent of the owner, and must be accompanied by a simultane ous felonious intent at the time the property is token. Every larceny includes a trespass—i.e.,
an unlawful act—with force real or implied, to another's property. so that the intent necessary to constitute that offense really comprehends two separate items, viz. an intent to commit a tres pass upon personal property of another, and an intent to deprive him of his property. As tres pass is a necessary part of larceny. and posses sion on the part of the owner is necessary in order to maintain an action of trespass. there can be no trespass against, and consequently no larceny from, an owner not in possession of the property taken. Thus. a common carrier does not eommit larceny if he steal a bundle whieh has been intrusted to him, for he and not the owner has the legal possession of the property, as a result of his contract with the owner. The carrier, having possession of and a special prop erty in the goods. cannot commit trespass. But if tic tear the bundle open and steal goods eon tained in it he commits larceny; for by breaking open the bundle lie terminates his contract with the owner and loses his right to the possession of the goods, the taking and conversion of which, added to his act of trespass. make him guilty of larceny. A servant who is intrusted by his master with the care of goods has no legal pos session, and is chargeable with larceny of such goods.
A special property with possession. such as that of a bailee, makes an ownership sufficient to charge with larceny any person taking and carrying away the personal property over which such owner-hip extends. Thus. the finder of lost goods is answerable only to their rightful owner. and has a full title as against others; and one stealing stolen goods from a thief is chargeable with larceny. But a finder of stolen goods who subsequently converts them to his own use is not chargeable unless at the time of he had an intent permanently to deprive the owner of his property.