People v. Brown

Citations

• 105 Cal. 66
• 38 P. 518
• 1894 Cal. LEXIS 1111

Syllabus

<p>Criminal Law—Burglary—Intent to Commit Grand Larceny—Permanent Deprivations of Property—Erroneous Instruction.—Where a defendant is accused of the crime of burglary, committed in entering a house with intent to commit grand larceny, it is necessary that the felonious intent must be permanently to deprive the owner of his property, and an instruction that larceny might be committed, even though it was only the intent of the party taking the property to deprive the owner of it temporarily, is erroneous.</p> <p>Id.—Larceny—Nature of Eblonious Intent.—While the felonious intent of the party taking the property of another need not necessarily be</p> <p>. an intention to convert the property to his own use, still it must in all cases be an intent wholly and permanently to deprive the owner thereof. Id.—Taking Bicycle Temporarily—Trespass.—The taking of the bicycle of another temporarily for revenge, with intention to return it, is not larceny, but only a trespass.</p>