...common law, a claim of right was recognized as a defense to larceny because it was deemed to negate the animus furandi, or intent to steal, of that offense. (See 4 Blackstone, Commentaries 230..., claim of right was recognized as a defense to the crime of larceny because it was deemed to negate the animus furandi — or felonious intent to steal — of that offense. (See 4...) at pages 326-327 (Perkins), for the well-settled principle that "The intent to steal or animus furandi is the intent, without a good faith claim of right, to permanently deprive the owner...

...question should be resolved by the trier of fact, the jury. In West Virginia it is recognized that: "Animus furandi, or the intent to steal or to feloniously deprive the owner...whether the actor had requisite animus furandi, or intent to deprive the owner permanently of property, at the time of the taking of the property...jury on the fact that animus furandi or the intent to deprive the owner permanently of his property, is an essential element of the crime of robbery...

...furandi or intent to steal is the intent of the taker to deprive the owner permanently of his property . . ." (Our italics). 52 C.J.S., Larceny, 27. Moreover, no instruction was given purporting to apply...— Felonious intent as an essential element of the crime of larceny is the intent to permanently deprive an owner of his property, and a taking by trespass or by assault for the immediate temporary use of...he might have in mind to benefit another." (Our italics). While portions of the charge to which appellant excepts define or refer to felonious intent, the intent to steal, as an...

...rejecting such evidence is stressed as error, on the theory that it has a material bearing on the element of criminal intent, and tends to show lack of motive. The animus furandi or intent to steal...which the animals were grazing was fenced by either four or five strands of wire, and was the property of Leonard Haynes' father. Five witnesses testified that they saw the defendant and his co...is the intent of the taker to deprive the owner permanently of his property. State v. Caddle, 35 W. Va. 73, 12 S.E. 1098; Vaughan v...

...claim of right or title to the property, since such belief negates the requisite animus furandi or intent to steal. In the trial below, the State's evidence tended to show that...since such belief negates the requisite animus furandi or intent to steal. The record shows: (1) the defendant denied taking any property from the prosecuting witness at all; (2...resubmit the case to the jury when the jury, which had been unable to agree on a verdict as to a codefendant and was still deliberating on the question of the codefendant's guilt or innocence, asked the...

... State to charge and prove what was originally described in Latin as animus furandi or intent to steal as against the Latin phrase animus revertendi or intent to return. We are...intent possessed by the defendant was to resist an arrest, whether that arrest was legal or illegal then it is your sworn duty as members of this jury to find this defendant not guilty of armed robbery...no direct issue or contention that the taking was under a bona fide claim of right or was without any intent to steal, `felonious intent' may be simply defined as an `intent to rob' or `intent to...

...animus furandi or intent to steal. In defining and discussing the crime of robbery the foregoing elements, in whole or in part, often have been stated by the courts...lawful money of the United States of America, of the property, goods and chattels of the said R.R. Montgomery, with intent then and there, if resisted in the perpetration of their unlawful act, to kill...assaults another and feloniously robs, steals and takes from his person or custody, money or other property which may be the subject of larceny," etc. In this habeas corpus proceeding the contention is...

..., intent. The animus furandi, or intent to steal, is essential to the crime. In other words, there must be a criminal intent of a character including the specific intent to rob; the taking must be with...the intent to deprive the owner of his property pertimidation is not a substitute for the inmanently. The element of force or intent to steal." In 2 Wharton's Criminal Law and Procedure, Robbery, § 548, pp. 248-250, which is closely followed by similar language in 46 Am.Jur. Robbery, § 10, pp. 143-144, it is said: "The taking of the property must be animus furandi, that...Appeals affirmed, with one Judge dissenting. The majority opinion took the view that there was an intent to commit two separate and distinct crimes. The dissenting opinion took the view that there was...

...crime unless the act is perpetrated feloniously, with animus furandi or with intent to steal. 4. Larceny — Criminal intent not established. In prosecution for larceny, evidence that bailee...larceny. The animus furandi, or intent to steal, is an essential element of the crime of larceny. `It is this intent which distinguishes larceny from a mere civil trespass. Every taking of...animus furandi or with the intent to steal.' 36 C.J. Larceny, sec. 101, p. 763. `Every taking and carrying away by one person of the personal property of another is not larceny even though it is...

.... The taking of property temporarily and with the intention of returning it is not larceny because of a lack of the animus furandi, or intent to...the taking of property temporarily and [1] with the intention of returning it is not larceny. The animus furandi, or intent to steal, is an essential element of the crime of larceny..., but it does not constitute a crime unless the act is perpetuated feloniously, that is with animus furandi or with the intent to steal." 36 C.J., Larceny, Sec. 101, p. 763. "Every taking and...

...of Pendleton County on the charge of grand larceny. Appellant contends that the evidence presented at trial was insufficient to create a jury question on the animus furandi, or intent to...animus furandi, which is essential to the offense of grand larceny. As we stated in syllabus point 2 of State v. Hudson, 157 W. Va. 939, 206 S.E.2d 415 (1974): Animus furandi, or the intent to...business with Simmons, and, indeed, evidenced his intent to pay Simmons a salary of $450 per week to manage proposed ARCO subsidiaries. From the testimony of both Stanley Deimler and...

...question of whether a "bona fide claim of right" to property taken can defeat a charge of robbery. A number of jurisdictions have adopted such a rule on the theory that the animus furandi or intent to...: "Animus furandi, or the intent to steal or to feloniously deprive the owner permanently of his property, is an essential element in the crime of robbery...money or goods, (3) from the person of another or in his presence, (4) by force or putting him in fear, (5) with intent to steal the money or goods." In Syllabus...

.... State, 95 Miss. 121, 48 So. 407; 21 Ann. Cas. 1137, note.) Instructions as to the elements of robbery, which omit the element of animus furandi or intent to steal, are...of possession of a bill of the denomination stolen by the wife of accused is evidence in proof of the animus furandi. ( Buckine v. State...indictment is that it nowhere shows 'the intent of the defendant to steal or rob.' This point is not well taken; we think the intent of the defendant to steal or rob clearly and sufficiently appears in...

...). At common law, it was necessary to distinguish between a mere breach of promise to return property and "animus furandi" or intent to steal. In the very early stages of the...finding of deception or a fraudulent misrepresentation, this Court finds that the requisite mental state required to establish a claim for larceny is "animus furandi" or intention to steal. In this case, the Defendant's criminal conviction for theft rested upon a finding of a taking from Plaintiff "without authorization or by deception" and either "with intent to... (i) with intent to permanently deprive Everald Grace Nichols, of the use or benefit of the thing of value, or (ii) knowingly used or concealed the thing of...

...he is the owner of such property or is entitled to the possession thereof, since such belief negatives the requisite animus furandi or intent to steal." 67 Am.Jur...So.2d 366 (1951). For this same reason, there was no evidence to support a charge of assault with intent to rob. There is absolutely no evidence to show or indicate that the...assault and battery, assault with intent to rob and larceny included within the crime of robbery. A trial court must instruct the jury on the lesser offenses included in the...

...Of Another, From His Person Or In His Presence, By Violence, Or By Putting Him In Fear — Larceny And Robbery Is Classed As A Specific Intent Crime, And Absent Animus Furandi, That Is, Intent To Steal...the requisite animus furandi or intent to steal. Such a taking, if an offense at all, is one of a different character. But as to property in addition to that taken under a belief of right, liability..., 161 A.2d 117 (1960). Because an intent to steal, the animus furandi, must be present, it follows that larceny, and therefore robbery, is classed as a specific intent crime...

..., 274 P.2d 608 (1954), that where a defendant believes in good faith that he is entitled to the property taken, the requisite animus furandi or intent to steal is lacking, and he may not...case, if a vacancy arises or if for any other reason a justice is unable to continue on the case, the case may be decided or disposed of upon the concurrence of any three members of the court without...filling the vacancy or the place of such justice." Arnold T. Abe for defendant-appellant Shimabukuro...

...wrongful taking of the property in itself imports the animus furandi,'" or intent to steal. McEachern v. Commonwealth, 52 Va.App...could negate the animus furandi inference, "[t]he intent to return . . . must be unconditional. Thus it is no defense to larceny that the taker intended to return it only if he should receive a reward for its return or only...animus furandi inference and that the intent to return it under fraudulent circumstances should not negate the intent to steal. Cf. Whitehead v. Commonwealth, 278 Va. 105, 677 S.E.2d 265 (2009) (where the rationale rejected by the Virginia Supreme Court was not argued in either the trial court or the...

...belief negates the requisite animus furandi or intent to steal. See 4 C. Torcia, Wharton's Criminal Law § 456 (15th ed. 1996...to steal ( animus furandi). Thomas v. State, 278 So.2d 469, 471 (Miss. 1973). The issue of felonious intent is one of fact, and...immediate injury to his person by the exhibition of a deadly weapon shall be guilty of robbery. ¶ 26. The elements of robbery are: "(1) felonious intent, (2) force or...

... felonious intent necessary for conviction of theft or robbery. At common law, a claim of right was recognized as a defense to larceny because it was deemed to negate the animus furandi, or intent to...from an activity commonly known to be illegal or known by the defendant to be illegal.] "If you have a reasonable doubt about whether the defendant had the intent required for (theft... NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on...