People v. Smith

Citations

• 23 Cal. 280

Syllabus

<p>Where the bailee of property obtains possession of it from the owner, with the intent of stealing it, and carries’out that intent, he is guilty of larceny, and should be indicted for that crime.</p> <p>If, however, the intent to steal did not exist at the time' of taking possession of the property by the bailee, but was conceived afterwards, the indictment should be laid under the seventy-first section of the Act concerning Crimes and Punishments.</p>