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Cases cited for the legal proposition you have searched for.

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1

...the packages, at least by the time of the misappropriation. Similarly, a thief committed "larceny by trick" when he obtained custody of a horse by telling the owner that he intended to use it for one..., Theft, Law and Society 3-58 (2d ed. 1952). The theoretical distinction between false pretenses and larceny by trick may be stated simply. If a thief, through his trickery...traditional distinction on which Bell relies. To the extent that a bank needs protection against larceny by trick, it also needs protection from false pretenses. We cannot believe that Congress wished to...


Court: U.S. Supreme Court
Date: Jun 13, 1983 Cited By: 433 Coram: 2
2

...Section 12447-1, General Code, commonly referred to as the "larceny by trick statute." Upon application therefor a bill of particulars was furnished the defendant on June 6, 1949, which was prior to the.... Criminal law — Larceny by trick — Section 12447-1, General Code — New and different offense defined — Proof of intent...— Specific intent unnecessary — General intent sufficient, when — Charge to jury — "Larceny by trick" properly charged, when. 1. The provision of Section 12447-1, General Code (the...


Court: Supreme Court of Ohio.
Date: Nov 21, 1951 Cited By: 28 Coram: 1
3

...the plaintiffs, and the check given as security proved worthless. Kantsis pleaded guilty to larceny by trick under Section 2907.21, Revised Code, on December 11, 1961...loss of plaintiffs' motor vehicle through "larceny by trick" was within the coverage of the contract of insurance issued by defendant to plaintiffs. The comprehensive clause of the.... Thereafter, our General Assembly enacted what is now Section 2907.21, Revised Code, defining as a crime what is specified therein as "larceny by trick." The plaintiff insureds' loss of their insured...


Court: Supreme Court of Ohio.
Date: Jun 23, 1965 Cited By: 55 Coram: 2
4

...was insufficient evidence to support the theft conviction on the only theory presented to the jury, larceny by trick, and the forgery sentence should also have been stayed under section 654...no evidence to satisfy this element of the offense. (2) "Although the crimes of larceny by trick and device and obtaining property by false pretenses are much alike, they...are aimed at different criminal acquisitive techniques. Larceny by trick and device is the appropriation of property, the possession of which was fraudulently acquired; obtaining property by false...


Court: Court of Appeal of California, First District, Division Three.
Date: Jan 12, 1994 Cited By: 63
5

..., 445 S.E.2d 160, 161 (1994). Larceny by false pretenses, unlike larceny by trick, requires that...requirement that the defendant obtain ownership of the property, rather than mere possession, distinguishes the offense of larceny by false pretenses from the offense of larceny [by trick].”). This...Reid's convictions were for larceny by false pretenses, we must determine Larceny by trick is not a separate and distinct...


Court: Court of Appeals of Virginia, Chesapeake.
Date: Feb 2, 2016 Cited By: 16 Coram: 1
6

..., embezzlement, or larceny by trick and device. ( People v. Fewkes, 214 Cal. 142, 149...] If Campouris intended that only possession of the property should pass at the time of the sale, defendant was guilty of larceny by trick or device, but if Campouris intended that title should pass...Ford. From the foregoing evidence the jury was justified in finding that defendant, by misrepresenting the condition the...


Court: Supreme Court of California.In Bank.
Date: Jul 20, 1951 Cited By: 76 Coram: 1
7

...larceny by trick. After a trial by jury and while represented by counsel, he was found guilty and sentenced to the Ohio Penitentiary for a term of one to seven years. Such sentence would ordinarily expire...first sentence for larceny by trick. Mr. Johnnie B. Jordan, in propria persona. Mr. William B. Saxbe, attorney general, and Mr...Ohio St. 180. Inasmuch as neither of petitioner's sentences has expired, he is presently properly imprisoned, and relief by habeas corpus does not lie...


Court: Supreme Court of Ohio.
Date: Jan 20, 1965 Cited By: 2 Coram: 1
8

...— larceny by trick — failure to instruct proper In a prosecution for "larceny from the person," the trial court properly failed to instruct on "larceny by trick" as the State's evidence tended to show...larceny by trick. 2. Criminal Law 86.5 — impeachment of defendant — questions concerning collateral matters proper In a prosecution for larceny from the person, where defendant...larceny from the person, a felony, and failing to instruct on what is often called larceny "by trick," which is a misdemeanor when involving less than four hundred dollars ($400.00) under N.C.G.S. Section...


Court: North Carolina Court of Appeals
Date: Feb 1, 1982 Cited By: 1
9

...stolen property by the victim; and that the abstruse technical question of whether this crime might also have been theft on a theory of larceny by trick could not result in reversal of the theft...prevents the passage of title so as to convert a theft by means of false pretenses to theft on a theory of larceny by trick. Nothing in Curtin, supra, alters this rule. In...was guilty of larceny by trick, not false pretenses as the jury found, because the mortgage and other property in question were assigned to her in trust, secured by a written contract to support the...


Court: Court of Appeal of California, First District, Division Five.
Date: Jan 19, 1995 Cited By: 36
10

...before a "Mercy Court", and that unwittingly he pleaded guilty to and was sentenced on charges of completed larceny by trick, larceny by bailee, and receiving stolen goods, not knowing that he could...the offenses of larceny by trick and receiving stolen goods; in the second (No. 226), with larceny by trick, larceny by bailee and receiving stolen goods; and in the third (No. 227), with obtaining money under false pretense. There is no question that Kennedy committed the offense charged in the third bill; there is no doubt that he did not actually commit the larceny by trick charged...two bills but was only guilty of "attempt" to commit larceny by trick. Kennedy's testimony in the Court below left something to be desired, disclosing a greater reliance on what...


Court: United States Court of Appeals, Third Circuit.
Date: Jul 6, 1949 Cited By: 4 Coram: 2
11

...Detroit. (Docket No. 14724.) Decided June 28, 1973. Carl L. Dansby was convicted, on his plea of guilty, of attempted larceny by trick. Defendant appeals. Affirmed and sentence.... HOLBROOK, J. Carl Luther Dansby, defendant, was charged in an information with larceny by trick, in violation of MCLA...750.356; MSA 28.588, and pled guilty to the lesser included offense of attempted larceny by trick. He was sentenced to a term in prison of 2 to 2-1/2 years. MCLA 750.92; MSA 28.287...


Court: Michigan Court of Appeals.
Date: Jun 28, 1973 Cited By: 2 Coram: 1
12

...opening statement that the facts would prove that the defendant was guilty of larceny by trick or larceny by conversion.... At the conclusions of the proofs, defense counsel requested instructions on larceny by conversion and larceny by trick. He...: Right, and taking the money. The defendant has taken the stand in this case, your Honor, and based upon his testimony the court could find and the jury could find that he is guilty of larceny by conversion or larceny by trick, and...


Court: Supreme Court of Michigan.
Date: Dec 10, 1979 Cited By: 6 Coram: 1
13

...transferring "ownership" or "title" distinguishes the crime of theft by false pretenses from the crime of theft by trick and device.24 As our Supreme Court has explained, "Although the crimes of larceny by...trick and device and obtaining property by false pretenses are much alike, they are aimed at different criminal acquisitive techniques. Larceny by trick and device is the appropriation of...differently, if the defendant obtains possession of property for a specific or special purpose, the owner does not relinquish title and the crime committed is larceny by trick.28 On the other...


Court: Court of Appeal of California, Second District, Division Seven
Date: Sep 15, 2003 Cited By: 57
14

...larceny of divers sums of money aggregating more than $2,000, by fraud, trick, scheme or device. The case is submitted on a stipulation of facts from which it appears that the Pennville State Bank is...established. There is no doubt a very fine distinction between larceny by trick and obtaining money by false pretense. It may be the defendant is guilty of obtaining money by falsely...statutes must be strictly construed, I am convinced that the crime of larceny by trick has not been proven. In larceny by trick it is necessary that the title or right to the property be retained and...


Court: United States District Court, N.D. Indiana, Fort Wayne Division
Date: Jun 25, 1940 Cited By: 5 Coram: 1
15

.... J.H. GILLIS, J. Defendant was charged with unarmed robbery, MCLA § 750.530 (Stat Ann 1954 Rev § 28.798) and larceny by trick under $100, MCLA § 750.356 (Stat Ann 1970 Cum Supp...score. "Q. In other words, that's all right? "A. Larceny by trick." Defendant now alleges that the prosecutor's introduction...of defendant's previous arrest for larceny by trick prejudiced his case in the minds of the jury. We disagree. We are familiar with the authority the defense cites to support his allegation of error...


Court: Michigan Court of Appeals.
Date: Jan 18, 1971 Cited By: 6 Coram: 1
16

.... Reece for defendant-appellant. Larceny — by trick — test driving automobile The trial...court did not err by denying defendant's motion to dismiss a charge of felonious larceny of a motor vehicle and by instructing the jury on larceny by trick where defendant was given permission to take a...days later, and there was evidence that defendant had been convicted of similar crimes. Larceny by trick is not distinct from common law larceny, it is not necessary for the State to allege the manner...


Court: North Carolina Court of Appeals
Date: Oct 1, 2002 Cited By: 16 Coram: 1
17

...broadened to provide greater protection of private property. (See 3 LaFave, supra, at p. 57.) For instance, in 1799 an English court decision introduced the concept of “larceny by trick.” ( Rex.... 304–305 [citing Tunnard's Case (1729) 2 East P.C. 687, for first introducing the concept of “larceny by trick,” but noting it was the later case of Rex v. Pear that “gave real impetus to...this new development”].) Larceny by trick, a form of larceny, involves taking possession of another's property by fraud. (3 Torcia, Wharton's Criminal Law, supra, § 343, p. 350...


Court: Supreme Court of California
Date: Aug 26, 2013 Cited By: 218 Coram: 1
18

..., 1969. James O'Neal was convicted by a jury of larceny by trick. Defendant appeals. Affirmed. Frank J. Kelley, Attorney.... James O'Neal and a codefendant were convicted after a jury trial of larceny by trick in violation of MCLA § 750.356 (Stat Ann 1969 Cum Supp § 28.588). This appeal was brought following the...been convicted more than once of larceny by trick, although the acts involved in the prior crimes were not established. After several more questions regarding defendant's criminal record, the...


Court: Michigan Court of Appeals.
Date: Oct 27, 1969 Cited By: 0 Coram: 1
19

...respect to the petit larceny count, that the court erred in instructing the jury on the theory of larceny by trick inasmuch as the evidence did not support such an instruction. Defendant objected to the...jury instruction on the theory of larceny by trick only on the ground that such theory was not alleged in the indictment or a bill of particulars, and thus he failed to preserve his present..., defendant failed to preserve for our review his contention that the evidence is legally insufficient to support a conviction of petit larceny under the theory of larceny by trick inasmuch as he...


Court: Supreme Court, Appellate Division, Fourth Department, New York.
Date: Mar 23, 2018 Cited By: 5 Coram: 3
20

.... Bishop for defendant appellant. 1. Larceny 4 — larceny by trick — indictment Where an indictment charged defendant with...and ran from the store, the indictment was not defective in failing to charge larceny "by trick" of the ring he was wearing, since larceny "by trick" is not a crime separate and distinct from common...ring and ran from the store. Defendant argues that the indictment was defective in that it failed to charge "larceny by trick" of the ring he was wearing. The argument lacks merit. There was no actual...


Court: North Carolina Court of Appeals
Date: Feb 1, 1978 Cited By: 3

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