State v. Wolf

Citations

• 22 Del. 323
• 6 Penne. 323
• 66 A. 739
• 1907 Del. LEXIS 32

Syllabus

<p>Criminal Law—Larceny—Real Property; Severance of—Former Rule Modified—Disregarding Former Ruling of the Court —Judicial Policy—Circumstantial Evidence— Reasonable Doubt.</p> <p>1. _ There need not be first an act of severance of property from its connection with the realty, and after that an actual separate and distinct act of taking and carrying away, to constitute a severance and larceny, but the act of taking and holding and carrying away, at and from the instant of separating it from its connection with the realty—that is, the one continuous transaction of detaching it, retaining possession of it and carrying it away, with intent to commit larceny,—amounts to a severance in law, although the severance and the taking and carrying away are one continuous transaction. The Ruling in the case of State vs. Hall, 5 Harr., 492, departed from.</p> <p>2. The rule in respect to circumstantial evidence stated.</p>