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 representation made by the defendant.
Issue. How can the crimes of larceny-by-trick and false pretenses be reconciled?
Held. Larceny by trick occurs when a defendant obtains possession of, but not title to another’s property by fraud or trickery. Alternatively, false pretenses occurs where a defendant, through false representations and with the intent to steal, obtains both possession and title to property.
Larceny requires the taking of personal property from the owner's possession without consent; asportation of that property; and an intent, without claim of right, to deprive the owner of the property wholly and permanently.View Full Point of Law