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Lee v. State

    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.

    Facts. No facts were provided by the portion of the decision included in the Dressler handbook.

    Issue. The Maryland Court of Special Appeals did not have to decide an issue in the portion of the case provided by the Dressler textbook.

    Held. No holding was issued by the Maryland Court of Special Appeals in the portion of the case provided by the Dressler textbook.

    Discussion. The court noted that the common law definition of larceny was an offense against possession. As a result, the court noted that a person, such as a bailee, who had rightfully obtained possession of property from its owner could not be found guilty of larceny, even if the bailee used the property in a manner inconsistent with the owner’s expectations for its use. However, the court, in dicta, also found that the common law definition of larceny has recently broadened to include individuals who misappropriate an owner’s property, even though that owner had given the individual consent to use that property.


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