State v. Phillips

Citations

• 85 Ohio St. (N.S.) 317

Syllabus

<p>The common law rule — That neither husband nor wife can be prosecuted — For larceny of goods of either — Not abrogated by Sections 7995 to 8004, General Code.</p> <p>The common law rule that neither husband nor wife can be prosecuted for larceny of the goods of the other, is not abrogated by Sections 7995 to 8004, General Code, defining the rights and liabilities of husband and wife, nor by Section 12447, General Code, defining larceny. An intention of the legislature to abolish an established rule of the common law and to create a crime where none existed before, must clearly and unmistakably appear.</p>