Crown Cases Reserved for Consideration, And Decided By the Judges of England, With a Selection of Cases And Notes of Cases Relating to Indictable Offences, Argued And Determined Tn the Court of Queen's Bench And the Courts of Error

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Although the prisoner had, by fraud, induced the (a) 2 East, P. C, 603 and 673.
236 1857.
Kay's Case.
CROWN CASES RESERVED.
seller to part with his special property, assuming that he had such, yet no possession had thereby in fact vested in him ; and when the possession in fact had come to the postmaster, it would be unreasonable to hold that the prisoner, by calling himself Thomas Jones, and falsely pretending to be the true owner, had made the postmaster his servant and agent, or the postmast
...er's actual possession his ; since the postmaster had received it for the true owner, and intended to deliver it to the true owner. The postmaster being the servant of the true owner for this purpose, his possession was the possession of the true owner, and could not be divested by the tortious taking from him, according to Wilkins's case (a). On this ground the prisoner's offence appears to us to have been clearly larceny.
Conviction affirmed.
(o) 2 East, P. C. 673, 4.
1857. REGINA v. JOHN EVANS.


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