State v. Klinkenberg

Citations

• 76 Wash. 466
• 136 P. 692
• 1913 Wash. LEXIS 1841

Syllabus

<p>Larceny — Property Subject — Land — Statutes — Construction. The crimes of false pretenses and larceny having been considered largely analogous, and confined to personal property, land is not the subject of larceny, as defined by Rem. & Bal. Code, § 2601, providing that any person who obtains the possession of or title to any property by color or aid of any order for the payment of money, check or draft not authorized by the drawer, or by color or aid of any fraudulent or false representation, token, writing, or by any trick . . ' . steals such property and shall be guilty of larceny.</p> <p>Same. The rule is not affected by Rem. & Bal. Code, § 2303, providing that the term “property” in the criminal code shall in-elude both, real and personal property,- save when otherwise clearly apparent from the context; since it is clear from the context of § 2601 that personal property only was contemplated; nor by the word “title,” which is used in connection with personal as well as real property.</p>