State v. Fitzsimmons

Citations

• 30 Del. 152
• 7 Boyce 152
• 104 A. 838
• 1918 Del. LEXIS 38

Syllabus

<p>1. Larceny—Definition.</p> <p>Larceny is the felonious taking and carrying away of the property or goods of another without the consent of the owner, and with intention on part of taker to convert them to his own use.</p> <p>2. Larceny—“Larceny by Trick.”</p> <p>“Larceny by trick” is the felonious or wrongful taking, by means of securing possession thereof, by deception practiced on owner.</p> <p>3. Larceny—Larceny by Trick—Switching Diamonds.</p> <p>Where defendant offered three unset diamonds for sale, took prospective customer to jeweler who tested and found diamonds to be genuine, refused to sell at purchaser's price, and after having left purchaser substituted glass stones for the diamonds, and returned and sold stones as though they were the ones previously tested, he was guilty of larceny by trick.</p>