Dean v. State

Citations

• 41 Fla. 291

Syllabus

<p>Criminal Law — Larceny—Claim of Title to Property Stolen — Sentence in the Alternative.</p> <p>1. In all cases where one in go.od faith takes another’s property under claim of title in himself, he is exempt from the charge of larceny, however puerile or mistaken the claim may in fact be. And the same is true where the taking is on behalf of another, believed to be the true owner. Still, if the claim is dishonest — a mere pretence — it will not protect the taker.</p> <p>2. In charges of larceny where the taking is open, and there is no subsequent attempt to conceal the property, and no denial, but an avowal of the taking, a strong presumption arises that there was no felonious intent, which must be repelled by clear and convincing evidence, before a conviction is authorized.</p> <p>3. Under the provisions of Chapter 4026, act of 1891, where the primary penalty imposed for crime is a fine and the costs of prosecution only, the- imprisonment for non-payment of such fine and costs should be in the cotmty jaÁl instead of the State penitentiary.</p>