...larceny and its statutory lesser included offenses require a trespassory taking. (3) Criminal Law — Unauthorized Use of a Vehicle — Defined. — Where the owner gives consent to a...the true owner with "bare charge or custody" in the other person; a violation of the owner's possessory right constitutes a trespassory taking. (4) Criminal Law — Unauthorized Use...of a Vehicle — Defined. — Where an act violates the specific scope or duration of consent to use a vehicle, a trespassory taking contemplated by Code Sec. 18.2-102 occurs...

...trespassory taking, which is a taking or removal of possession of property from the owner with felonious intent; a violation of an owner's possessory right constitutes a trespassory taking. 7.... Because every customer in a self-service store has implied permission to move merchandise, placed on open display, unconcealed about the premises of the store, the trespassory taking and carrying...possession clearly adverse to the store, there is a trespassory taking. 8. A trespassory taking is most easily proven by a defendant leaving the store without paying for merchandise...

.... UNAUTHORIZED USE OF AUTOMOBILE — Article 27, § 349 — Larceny Distinguished — Trespassory Taking — Distinction Between Larceny Of A Motor Vehicle...Possession And Not Against Ownership — Essential Element Is Taking And Carrying Away Stolen Item And Must Be Trespassory — "Taking" Refers...To Taking Of Possession From Possession Of One Entitled Thereto — Accused Cannot Trespass Against Person's Property If That Person Does Not Have Possession — Trespassory Taking Is Essential...

...trespassory taking (e.g., Fletcher, Metamorphosis of Larceny, 89 Harv L Rev 469; American Law Institute, Model Panel Code [Tent Draft No. 1], art 206, app A, at p 101; La Fave Scott, Criminal Law...larceny expanded, the intent element of the crime became of increasing importance, while the requirement of a trespassory taking became less significant. As a result, the bar against convicting a...obtained property by a trespassory taking, but many situations where an individual, possessing the requisite intent, exercised control over property inconsistent with the continued rights of the owner...

...its counterpart, N.M.U.J.I.Crim. 1.50, N.M.S.A. 1978, both of which were given at trial and relate to the element of trespassory taking in larceny cases. The Court of Appeals quoted a portion of the...). This instruction does not use the words "without consent" or the like to indicate that larceny involves a trespassory taking. See generally Perkins, Criminal Law 245-46 (2d ed. 1969). The...committee believed that the element of trespassory taking was covered by this instruction together with the instruction on general criminal intent, Instruction 1.50. (Emphasis added...

....) As mentioned 161 Cal.Rptr.3d at page 85, 305 P.3d at page 1244,ante, larceny requires a trespassory taking, which is a taking without the property owner's consent. ( People v...trespassory taking is not immediately evident when larceny occurs “by trick” because of the crime's fraudulent nature, English courts held that a property owner who is fraudulently induced to transfer...trespassory taking, and hence did not commit larceny. Here too defendant did not commit larceny. Walmart, through its store employees, consented to transferring title to the gift...

...defendant's appeal should have been considered by the Court of Appeals for "good cause shown" or to attain the "ends of justice," the underlying statutory issue whether a trespassory taking of a...consent, whether or not the criminal actor's initial possession of the vehicle was obtained by a trespassory taking. 6. Thus, under Code § 18.2-102, the initial possession of a...the elements of these crimes. While the common law crime of larceny requires that any taking of property be trespassory at the outset, the statutory crime of unauthorized use does not impose a like...

...false pretenses. The court, however, instructed the jury on the elements of a larceny by trespassory taking and on several occasions refused the prosecutor's request for specific instructions on...

...his own use, or that of any person other than the true owner, any money, personal property * * * or article of value of any kind". (Emphasis added.) A trespassory taking thus included withholding.... "Prior to 1942, larceny was defined * * * in terms of the common law forms of theft: larceny by trespassory taking, larceny by trick, embezzlement and false pretenses....) Larceny by trespassory taking is the felonious appropriation of personal property with the intent to permanently...

...— UNAUTHORIZED USE OF AUTOMOBILE — FALSE PRETENSES — Larceny And Unauthorized Use Of Automobile Distinguished — Larceny By Trick — Trespassory Taking — Distinction Between Larceny Of A Motor Vehicle And...Unauthorized Use Of Automobile Is That In Larceny There Must Be Intent To Deprive Owner Permanently Of His Property While In Larceny Of Use Intent Is To Deprive Owner Temporarily — Trespassory Taking. That...whether all elements of the crime of larceny have been established, saving only that of the animus furandi. The critical element at issue is that of a trespassory taking. The trespassory taking is...

...the words "without consent" or the like to indicate that larceny involves a trespassory taking. See generally, Perkins, Criminal Law 245-46 (2d ed. 1969). The committee believed that the element...of trespassory taking was covered by this instruction together with the instruction on general criminal intent, Instruction 1.50. [Emphasis added.] A..."trespassory taking" means "that there could be no larceny without a trespass, and there could be no trespass unless the property was in the possession of the person from whom it was charged to have been...

...did not constitute common law larceny, a specific intent crime requiring a trespassory taking. The question whether a nontrespassory taking is within the federal statute was treated at some length in...fined not more than $5,000 or imprisoned not more than ten years, or both . . . . Bell contends that the taking of the $10,000 was not within the statute because it..., 1 L.Ed.2d 430 (1957)). Bell's conduct, which involved taking by means of deceit or false...

...been stolen either by common-law trespassory taking or by acquiring lost property, as defined in Penal Law § 155.05 (2) (b) ( see, People v...

... In the 13th century, larceny was limited to trespassory taking: a thief committed larceny only if he feloniously "took and carried away" another's personal property from his...of § 2113(b) shows an intention to go beyond common-law larceny. Section 2113(b) does not apply to a case of false pretenses in which there is not a taking and carrying away, but it proscribes..., at 411-412. Moreover, "taking and carrying away," although not a necessary element of the crime, is entirely consistent with false pretenses. Two other aspects of § 2113(b) show...

...court's finding of a trespassory taking. He instead contends the evidence failed to prove he intended to permanently deprive the victim...any other larceny issue (trespassory taking, caption, asportation) unaddressed by any question presented in McEachern's petition for appeal. Under Rule 5A:12(c), only questions "presented in the..., 35 S.E.2d 763, 764 (1945)). In other words, the very existence of a trespassory taking permits the inference (unless other circumstances negate it) that the taker...

... Within the frame of reference of the taking, it is larceny if the taking is trespassory. p. 519 If the taking is not trespassory, it is false pretenses when title to the...show a trespassory taking by him of the proceeds from a sale by an independent broker of a quantity of insecticide which belonged to a customer of the warehouse company at which appellant had been...to the taking of possession from possession of one entitled thereto. Thus it must be a trespassory taking and trepass against possession is the matrix of the common law larceny concept...

.... Upon appeal Closkey claims (1) that he was improperly convicted of the crime of larceny in that it was not alleged or proven that the original taking of the vehicle was trespassory and (2) that there...larceny, but rather for the statutory crime of "larceny after bailment," which does not require a trespassory taking of the personal property...

...contention out of hand by taking the conspirators at their word that this was, indeed, a trespassory taking under threat of violence, as documented by the note handed to the teller. But we have looked...bank but was acting adversely to it by aiding in accomplishing a trespassory taking and carrying away of bank property. Perhaps from as early as The Carrier's Case in 1473...obtaining money under false pretenses. A judgment of conviction was reversed by this court because a trespassory taking had not been shown...

...§ 2113(b) applies only to common law larceny which requires a trespassory taking. Bennett v. United States, 399 F.2d 740 (9th Cir. 1968...bailee pilfered the entire bale, he was not guilty of larceny; but when he broke open the bale and took a portion or all of the contents, he was guilty of larceny because his taking was trespassory and...). Either way, Mafnas has committed the common law crime of larceny, replete with trespassory taking. Mafnas...