Jarvis v. State

Citations

• 73 Fla. 652
• 74 So. 796

Syllabus

<p>1. In larceny it is essential to a conviction that the property was taken \animo furandi\; and where it clearly appears that the taking was perfectly consistent with honest conduct, although the party charged with the crime may have been mistaken, he cannot be convicted of larceny.</p> <p>2. A person who has lawful possession of property cannot commit larceny thereof; the possession, however, must have been originally obtained lawfully and without the intent to appropriate the property to his own use; one who obtains the possession by trick, device or fraud, with intent to appropriate ’ the property to his own use, the owner intending to part with the possession only, commits larceny when he subsequently appropriates it. The consent of the owner in surrendering the possession of property must be as broad as the taking.. ■</p> <p>3. Proffered testimony is properly excluded which is clearly irrelevant and not pertinent to the issues.</p> <p>4. Requested instructions are properly refused when the matters of law included therein have been fully and correctlv covered in the charge and instructions, given by the court.</p> <p>5. Evidence examined and found sufficient to support the verdict.</p>