Black’s Law Dictionary 1st Edition, page 687-688:
LARCENY. In criminal law. The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to his (the taker’s) use, and make them his property, without the consent of the owner. 2 East, P. C. 553; 4 Wash. C. C. 700.
The felonious taking carrying away of the personal goods of another. 4 Bl. Comm. 229. The unlawful taking and carrying away of things personal, with the intent to deprive the right owner of the same. 4 Steph. Comm. 152. The felonious taking of property of another, without his consent and against his will, with intent to convert it to the use of the taker. 2 Leach, 1089.
The taking and removing, by trespass, of personal property which the trespasser knows to belong either generally or specially to another. With the intent to deprive such owner of his ownership therein; and, perhaps it should be added, for the sake of some advantage to the trespasser, -a proposition on which the decisions are not harmonious. 2 Bish. Crim. Law, §§ 757, 758.
Larceny is the taking or personal property, accomplishment by fraud or stealth, and with intent to deprive another thereof. Pen. Code Dak. § 580.
Larceny is the felonious stealing, taking carrying, leading, or driving away the personal property of another. Pen. Code Cal. § 484.
Larceny is sometimes divided into “simple” and “compound” or “mixed” larceny; the former term applying to cases of simple theft; the latter to cases of stealing attended with some recognized circumstances of aggravation, such as larceny from a ship or wharf, or from a dwelling-house in the day-time, or from the person.
Larceny was also divided into “grand” and “petit” larceny, the distinction turning on an arbitrary division of the value of the goods stolen. This division is now abolished in England (7 ¶ 8 Geo. IV. c. 29, ™ 2) and in many of the United Stated, but still subsists in some jurisdictions.
For the distinction between “larceny” and “burglary.” “extortion,” “false pretenses,” and “robbery,” see those titles.
LARCENY BY BAILEE. In Pennsylvania law. The crime of larceny committed where “any person, being a bailee of any property, shall fraudulently take or convert the same to his own use, or to the use of any other person except the owner thereof, although he shall not break bulk or otherwise determine the bailment.” Brightly’s Purd. Dig. p. 436, § 177.
Black’s Law Dictionary 4th Edition, page 1023-1024:
LARCENY. Felonious stealing, taking and carry- ing, leading, riding, or driving away another’s personalty, 4 Bl.Comm. 229; People v. Brickey, 346 Ill. 273, 178 N.E. 483, 485; State v. Miller, 170 La. 51, 127 So. 361, 362; with intent to convert it or to deprive owner thereof, Ledbetter v. State, 24 Ala.App. 447, 136 So. 430; Globe & Rutgers Fire Ins. Co. v. House, 163 Tenn. 585, 45 S.W.2d 55, 56; Commonwealth v. Estes, 265 Ky. 186, 96 S.W. 2d 578, 580.
Larceny is fraudulent taking and carrying away of a thing without claim of right, with intention of converting it to a use other than that of the owner, without his con- sent. Thomas v. Kessler, 334 Pa. 7, 5 A.2d 187, 188; Fitch v. State, 135 Fla. 361, 185 So. 435, 437, 439, 440, 125 A.L.R. 360; Hanes Funeral Home v. Dixie Fire Ins. Co., 216 N: C. 562, 5 S.E.2d 820, 821, 822; receiving possession of personalty with intent to convert it to own use, and with intent of person parting with It to part merely with his posses- sion, Hagan v. State, 76 Okl. Cr. 127, 134 P.2d 1042, 1047, 1048, 1050; taking and removing, by trespass, of personal property which trespasser knows to belong either general- ly or specially to another, with intent to deprive him of his ownership, State v. Broom, 135 Or. 641, 297 P. 340, 342; State v. Levy, 113 Vt. 459, 35 A.2d 853, 854, and, perhaps it should be added, for the sake of some advantage to the trespasser,-a proposition on which the decisions are not harmonious, .2 Bish.Crim.Law, §§ 757, 758; taking of personalty by fraud or stealth, and with intent to deprive an- other thereof, Pen. Code Dak. § 580 (Comp.Laws N.D. 1913, §9913 Rev. Code S.D.1919, § 4210); Hughes v. State, 61 Okl. Cr. 40, 65 P.2d 544, 546; Bussart v. State, 128 Fla. 891, 176 So. 32, 33; unlawful acquisition of property with intent to convert to taker’s use and appropriation by taker, State v. Smith, 2 Wash.2d 118, 98 P.2d 647, 648, 649; un- lawful or felonious taking and carrying away of things personal with intent to deprive rightful owner of it, 4 Steph.Comm. 152; Globe & Rutgers Fire Ins. Co. v. House, 163 Tenn. 585, 45 S.W.2d 55, 56; Bowling v. Hamblen County Motor Co., 16 Tenn.App. 52, 66 S.W.2d 229; wrong- ful and fraudulent taking and carrying away by one of personal goods of another with felonious intent to convert them to his own use and make them his own property, or to deprive the owner permanently of his property, without owner’s consent, Commonwealth v. Estes, 265 Ky. 186, 96 S.W.2d 578. 580; State v. Savage. Del.. 7 W. W. Harr. 509, 188 A. 738, 739; State v. Delk, 212 N.C. 631, 194 S.E. 94; Hickman v. State, 25 Ala.App. 279, 145 So. 167, 168; wrongful or felonious taking property of another, without his consent and against his will, with intent to convert it to use of the taker, Hammon’s Case, 2 Leach, 1089, State v. Boswell, 195 N.C. 496, 142 S.E. 583, 584; State v. Fulks,
114 W.Va. 785, 173 S.E. 888, 889.
Obtaining possession of property by fraud, trick or de- vice with preconceived design or intent to appropriate, convert or steal is “larceny.” John v. United States, 65 App.D.C. 11, 79 F.2d 136, People v. Cook, 10 Cal.App.2d 54, 51 P.2d 169. 170; State v. Wisman, 111 W.Va. 183, 161 S.E. 437, 438; Nugent v. Union Automobile Ins. Co., 140
Or. 61, 13 P.2d 343, 344.
Common-law distinctions between obtaining money under false pretenses, embezzlement, and larceny no longer exist in New York, but all such crimes are embraced within definition of “larceny.” People v. Krumme, 161 Misc. 278, 292 N.Y.S. 657, 660.
Generally, one who unlawfully takes another’s personal property, not intending to steal, and afterwards converts it, intending to steal, is guilty of “larceny”. Calhoun v. State, 191 Miss. 82, 2 So.2d 802, 804, 805.
Every act of thief in the removal of property is in it- self a complete “larceny”. Schultz v. Lainson, 234 Iowa 606, 13 N.W.2d 326, 327, 156 A.L.R. 858.
Common Law Larceny
Felonious taking and carrying away of personal goods of another, Fowler v. Firth, 163 Misc. 942, 298 N.Y.S. 723, 726, with intent to convert it to taker’s use. United States Fidelity & Guaranty Co. v. Peoples Bank & Trust Co. of Westfield, C.C.A.N.J., 79 F.2d 642, 644.
It is obtaining possession of another’s property by fraudulent trick or device, with intent to convert it to own use. Powers v. State, 31 Ala.App. 614, 21 So.2d 282, 285; removal of personalty which trespasser knows to belong to another, with felonious intent to deprive him of his ownership, U. S. v. Patton, C.C.A.Pa., 120 F.2d 73, 75, 76; Austin v. State, 65 Ga.App. 733, 16 S.E.2d 497, 499; taking and carrying away personal property of another without his consent, feloniously, with intent to deprive owner of his property permanently, and to convert it to use of taker, or of some person other than the owner, Fowler v. Firth, 163 Misc. 942, 298 N.Y.S. 723, 72Q; trespassory taking and asportation, Crabb v. Zerbst, C.C.A.Ga., 99 F.2d 562, 564; unpermitted obtaining of possession of another’s chattel and removal thereof, Crabb v. Zerbst, C.C.A.Ga., 99 F.2d 562, 564; wrongful or fraudulent taking and carrying away of the personal goods of another with felonious intent to convert them to the taker’s own use and make them his own property without owner’s consent. Riley v. State, 64 Okl.Cr. 183, 78 P.2d 712, 715, 716; Hatfield v. Guay, C.C.A. N.H., 87 F.2d 358, 363; Fowler v. Firth, 163 Misc. 942, 298 N.Y.S. 723, 726.
Compound Larceny