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· 3/26/1891

Perrin v. Commonwealth

Citations

  • 87 Va. 554
  • 13 S.E. 76
  • 1891 Va. LEXIS 108

Syllabus

<p>1. Ceiminai, Peoceedings—Larceny—Findings—Evidence.—Mere possession of lost goods is not even prima facie evidence of larceny.</p> <p>2. Idem—Knowledge of owner.—To constitute larceny in finder of lost goods, the finder must know the owner at time of finding, or the goods must have some mark about them presumably understood by him, whereby the owner can be ascertained, and he must appropriate them at that time with intent to take entire dominion over them.</p> <p>3. Idem—Case at bar.—The evidence in case here, held, insufficient to show that the finder of the lost check had any knowledge, or means of knowledge, of the owner’s name, and does not warrant the conviction of larceny.</p> <p>4. Idem—Petit larceny—Case at bar.—The check in the case here being only for $10.79, defendant, if guilty at all, would be guilty of petit larceny.</p>

Judges: Fauntleroy

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