Historia Placitorum Coronae the History of the Pleas of the Crown volume 1
Historia Placitorum Coronae the History of the Pleas of the Crown volume 1
Matthew Hale
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Where a jury found that one who assisted in taking another's goods from a fire in his presence, but without his desire, and who afterwards concealed and denied having them, yet took them honestly at first, and that the evil intention to convert them came on the taker afterwards, it was held no larceny. Rex v. Leigh, 2 East, P. C. 694; 1 Leach, C. C. 411. N. If tlie owner parts with possession of goods for a special purpose, and the bailee, wherj that ])urpose is executed, neglects to return the...m, and afterwards disposes of them, if he had not a felonious intention when he originally took them, his subsequent withholding' and disposing of them will not constitute a new felonious taking, or make him guilty of felony. Rex v. Banks, R. I^ R. C. C. 411 ; 2 Russ C. Sf M. 1. 32. Sernh'e, that if a master of a foreign vessel, captured by a British ship and carried into port, takes goods from the vessel after she has been condemned as a prize, it is not a larceny unless there is evidence that he took them for the purpose of converting them to his private use.
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