Stinson v. People

Citations

• 43 Ill. 397

Syllabus

<p>1. Former decisions. The case of Welsh v. People, 17 Ill. 339, must be considered as decisive of this case.</p> <p>3. Larceny—voluntary parting with title and possession — a fraud not a felony. If the owner of goods aHeged to have been stolen, voluntarily parts with the possession and title, then, neither the taking nor conversion is felonious. It amounts simply to a fraud.</p> <p>3. Same—what constitutes a felonious appropriation. But, if he parts with the possession only, expecting the identical thing wiU be returned, or that it shaU be disposed of on his account, or in a particular way as directed or agreed upon for his benefit, then the title to the goods does not pass, and they may be feloniously converted, and the bailee be guilty of a larceny, if obtained with that intent.</p> <p>4. A, B, C and D, were passengers on a railroad train from Detroit to Chicago. D being a stranger to the others, and while the train was in the State of Indiana, A wagered a certain sum with D, and, thereupon, D deposited the amount of his wager in money with B, who was selected as stakeholder, and A deposited an express package pm-porting to contain an equal amount, but which was afterward discovered to contain nothing but waste paper, whereupon D demanded his money from B, which he refused to pay back. Subsequently A, B and C were arrested in Chicago, upon a charge of larceny, and the money found in the possession of B. Eeld, that the act was a felony. That the conduct of B fully rebutted the idea, that he acted as a mere innocent stakeholder, but, on the contrary, showed collusion with his confederates in the felonious design to deprive D of his money.</p> <p>5. Same—where the original talcing is felonious—when thief may he indicted wherever found. The principle is well settled, that where the original taking is felonious, every act of possession continued under it by the thief is a feloni ous taking, wherever the thief may be, and to whatever places he carries the stolen prope