United States v. Elliott
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People v. Jaffe
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People v. Liberta
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View this case and other resources at: Citation. 64 N.Y.2d 152, 474 N.E.2d 567, 485 N.Y.S.2d 207, 1984 N.Y. 4916. Brief Fact Summary. After abusing her, Defendant's wife obtained an order of protection against him which specified he had to stay away from her and move out of the home. The lower court order provided he could see his son once a week. Defendant then raped his wife after luring her to his motel room. Defendant was convicted of rape and the conviction was affirmed by the Appellate Division. Synopsis of Rule of Law. The marital exemption included in the rape statut ...

Morisette v. United States
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United States v. Dougherty
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People v. Ingram
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View this case and other resources at: Citation. 65 Cal. App. 4th 500, 76 Cal. Rptr. 2d 553, 1998 Cal. App. 614, 98 Cal. Daily Op. Service 5431. Brief Fact Summary. No facts were provided in the portion of the case provided by the Dressler handbook. Synopsis of Rule of Law. Theft by false pretenses occurs where the defendant makes a false representation with the intent to defraud the owner of his or her property and the owner is in fact defrauded. As in any other case of fraud, the injured party must have been induced to part with his or her property in reliance on the false ...

People v. Whight
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View this case and other resources at: Citation. 36 Cal. App. 4th 1143, 43 Cal. Rptr. 2d 163, 1995 Cal. App. 665, 95 Cal. Daily Op. Service 5606. Brief Fact Summary. The Defendant, Theodore Whight (Defendant), discovered that the ATM card connected to his defunct checking account could still be used to obtain cash at four local Safeway stores. For several weeks he used this glitch to withdraw thousands of dollars from the Safeway machines. After this glitch was noticed, the Defendant was convicted by a jury of four counts of grand theft by false pretenses. Synopsis of Rule of ...

People v. Davis
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View this case and other resources at: Citation. 19 Cal. 4th 301, 965 P.2d 1165, 79 Cal. Rptr. 2d 295, 1998 Cal. 6883. Brief Fact Summary. The Defendant, Davis (Defendant), was charged with the crime of petty theft (larceny) in connection with his attempt to take a shirt from a Mervyn's department store and return it as his own to that same store. Synopsis of Rule of Law. The general rule is that the intent to steal required for larceny is an intent to deprive the owner permanently of possession of property. However, larceny may still be found, absent intent to permanently d ...

Rex v. Bazeley
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View this case and other resources at: Citation. 2 Leach 835, 168 Eng.Rep. 517 (Central Criminal Court, 1799).. Synopsis of Rule of Law. For a charge of embezzlement to stand, there must be an element of entrustment, to an individual in the course of employment, of property held in trust for the entrustor. Moreover, there must be subsequent conversion of that property by the individual embezzler that implicates a breach of that trust between the parties. ...

Brooks v. State
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View this case and other resources at: Citation. 35 Ohio St. 46, 1878 Ohio 118. Brief Fact Summary. The Plaintiff in error, George Brooks (Plaintiff), was convicted in the lower court of larceny in stealing $200 in bank bills that were previously the property of Charles B. Newton (Newton). Synopsis of Rule of Law. If lost property has not been abandoned by the owner, it is the subject of larceny by the finder, when, at the time he finds it, he has reasonable ground to believe, from the nature of the property, or the circumstances under which it was found, that if he does not ...

Lund v. Commonwealth
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View this case and other resources at: Citation. 217 Va. 688, 232 S.E.2d 745, 1977 Va. 224. Brief Fact Summary. The Defendant, Charles Walter Lund (Defendant), was charged in an indictment with the theft of keys, computer cards, computer printouts and using, without authority, computer operation time and services of Computer Center Personnel at Virginia Polytechnic Institute (VPI) with intent to defraud, such property and services having a value of one hundred dollars ($100) or more. The Defendant was found guilty of grand larceny and sentenced to two years in the State penite ...

People v. Brown
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View this case and other resources at: Citation. 105 Cal. 66, 38 P. 518, 1894 Cal. 1111. Brief Fact Summary. The Appellant, Brown (Appellant), was charged with the crime of burglary after taking the bicycle of a young boy. This appeal to the Supreme Court of California involves a jury charge concerning the elements of larceny that must be proven in order for a conviction to occur. Synopsis of Rule of Law. In order to find a defendant guilty of the crime of larceny, it must be proven that the intent of the defendant was to permanently deprive the owner of possession of the p ...

Topolewski v. State
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View this case and other resources at: Citation. 130 Wis. 244, 109 N.W. 1037, 1906 Wisc. 29. Brief Fact Summary. The Defendant, Topolewski (Defendant), was charged with having stolen three barrels of meat from the Plankinton Packing Company, valued at $55.20 and was found guilty. Synopsis of Rule of Law. Where the owner of property, by himself or his agent, actually or constructively, aids in the commission of the offense, as intended by the wrongdoer, by performing or rendering unnecessary some act in the transaction essential to the offense, the would-be criminal is not gu ...

Rex v. Pear
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View this case and other resources at: Citation. 1 Leach 212, 168 Eng.Rep. 208 (Central Criminal Court, 1779). Brief Fact Summary. This case focuses on the indictment of Pear for stealing a black horse that was the property of Samuel Finch (Finch). Synopsis of Rule of Law. This action is, today, commonly referred to as larceny-by-trick. It arises where a defendant, at the time of acquiring property from a legal owner, knows that the use he communicates to the owner is not the true use to which the property will be put once in his hands. ...

Rex v. Chisser
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View this case and other resources at: Citation. T.Raym 275, 83 Eng.Rep. 142, (Court of King's Bench, 1678). Brief Fact Summary. This action involves the theft of two cravats from the shop of Anne Charteris (Charteris) by Abraham Chisser (Chisser). Synopsis of Rule of Law. Physical possession of a good obtained through larceny does not vest in the possessor a legal right to that good. ...

United States v. Mafnas
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View this case and other resources at: Citation. 701 F.2d 83, 1983 U.S. App. 29867. Brief Fact Summary. The Appellant, Mafnas (Appellant), was convicted in the United States District Court of Guam of stealing money from two federally insured banks in violation of 18 U.S.C. Section: 2113(b), which makes it a crime to take with intent to steal any money belonging to any bank. Synopsis of Rule of Law. Ordinarily, if a person receives property for a limited or temporary purpose, he is only acquiring custody. Thus, if a person receives property from the owner with instructions to ...

Lee v. State
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View this case and other resources at: Citation. 59 Md. App. 28, 474 A.2d 537, 1984 Md. App. 359. Brief Fact Summary. No facts were provided by the portion of the decision included in the Dressler handbook. Synopsis of Rule of Law. At common law, larceny has been defined as the tresspassory taking and carrying away of personal property of another with an intent to steal that property. ...

People v. Kevorkian
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View this case and other resources at: Citation. 248 Mich. App. 373, 639 N.W.2d 291, 2001 Mich. App. 225. Brief Fact Summary. The Defendant, Dr. Jack Kevorkian (Defendant), administered a lethal drug to Thomas Youk (Youk) in a "mercy killing" because Youk had been diagnosed with a fatal disease. Synopsis of Rule of Law. Euthanasia is not legal and therefore not a defense to murder. ...

People v. Ceballos
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View this case and other resources at: Citation. 12 Cal. 3d 470, 526 P.2d 241,116 Cal. Rptr. 233, 1974 Cal. 240. Brief Fact Summary. The Defendant, Don Ceballos (Defendant), was convicted by a jury of assault with a deadly weapon, when the victim, who was trying to break into the Defendant's premises, was hit by a trap gun mounted in the defendant's garage. Synopsis of Rule of Law. A person is not justified in using deadly force to protect his property from burglary. ...

People v. Navarro
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View this case and other resources at: Citation. 99 Cal. App. 3d Supp. 1, 160 Cal. Rptr. 692, 1979 Cal. App. 237. Brief Fact Summary. The Defendant was convicted of petty theft for taking lumber he believed to belong to him. The Defendant appealed the conviction on the ground that the jury was improperly instructed. Synopsis of Rule of Law. If a person has a good faith belief that he has a right to certain property, he is not guilty of larceny, even if the belief is unreasonable. ...

Ewing v. California
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View this case and other resources at: Citation. 538 U.S. 11, 123 S. Ct. 1179,155 L. Ed. 2d 108, 2003 U.S. 1952. Brief Fact Summary. The Defendant, Gary Ewing (Defendant), was convicted of one count of felony grand theft. Since he had previously been convicted of two or more serious or violent felonies, Defendant was sentenced, under California's "three strikes" law to 25 years to life in prison. Synopsis of Rule of Law. Three strikes laws, which serve the legitimate goal of deterring and incapacitating repeat offenders, do not violate the Eighth Amendment of the United Stat ...

Sell v. United States
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Andreson v. Maryland
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Oregon v. Mathiason
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Kyllo v. United States
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