Beatty v. State

Citations

• 61 Miss. 18

Syllabus

<p>1. Larceny. Domestic animal. Estray. Authority of law exists for taking up as an estray a wandering mule, whose owner is unknown; but such animal may be the subject of larceny.</p> <p>2. Same. Trespass. Conversion. Felonious intent. A man who unlawfully takes another’s personal property, not intending to steal, and afterward converts it, intending to steal, is guilty of larceny.</p> <p>S. Same. Lawful talcing. Fraudulent conversion. If the original taking is lawful and bona fide, however, a subsequent fraudulent conversion is not larceny, because there is no trespass.</p> <p>4. Same. Evidence. Conduct. The taker’s subsequent conduct and dealings with the property are admissible in evidence to show with what intent he first took possession.</p> <p>5. Same. Intent. Estray. If he professes to take the mule as an estray, intending at the time to steal it, he is guilty of larceny, for in such case the taking is a trespass, which the intent makes larceny.</p>