State v. Shepherd

Citations

• 63 Kan. 545
• 66 P. 236
• 1901 Kan. LEXIS 182

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Grand Larceny — Instruction as to Felonious Intent. When defendants tried upon a charge of grand larceny admit the taking, but defend on the ground that the taking was in jest, and with the intent to return the property presently to the owner, and the property so taken is returned to the owner, they are entitled to a charge from the court' defining the term “felonious intent,” as used in connection with larceny.</p> <p>2. - “Felonious Intent'’ Defined. The term felonious intent, as used in relation to larceny, “means to deprive the owner, not temporarily, but permanently, of his property, without color of right or lawful excuse for the act, and to convert it to the taker’s use without the consent of the owner.” (In re Mutchler, Petitioner, 55 Kan. 164, 40 Pac. 283.)</p>