People v. Stone

Citations

• 16 Cal. 369

Syllabus

<p>Defendant owed B., and to secure the debt, made a bill of sale to him of a wagon and team, and delivered possession. Bill of sale absolute on its face; but there was an agreement between defendant and B., that B. should keep the property until the profits thereof had paid him about $1,000, or until he had been otherwise paid, when the property was to be delivered back to defendant. After this, L., a teamster of B., was directed by him to drive a horse and mule of the team in a vragon to a mill in the neighborhood. L. drove the team to Sacramento, instead of the mill. Creditors of defendant there levy on the wagon and animals. Defendant is indicted for larceny; and, after proof on the trial seeking to connect him with driving the team to Sacramento, and its seizure there, he offered to go into a statement of accounts between himself and B., to show that the debt to B. had been paid before L. took the property. Buled out, on the ground that this matter “must be settled in another Court: ” Held, that the Court erred; that the facts sought to be introduced were competent, as tending to explain the transaction, and show the intent with which defendant took the property, or as showing whose property it was, or the general or particular title to it; that all the facts connected with the title and the taking, should go to the jury, who can try the question whether the indebtedness had been paid.</p> <p>Larceny is compounded of the taking and carrying away and the felonious intent. Whatever has a legal tendency to show the intent, is proper evidence.</p> <p>A mortgagee, in possession of personal property, has such a title that a felonious taking of the property by the mortgagor would be larceny.</p> <p>A man may steal his own property, if, by taking it, his intent be to charge a bailee with the property, and thus impose a loss on him.</p>