Facts: df a 17 yr old boy had been hit with oranges by the victim. The df with the intent to remove one of the wheels from the victim’s bike, b/c of the work involved, took the whole bike intending on returning it later. Df then hid the bike under some bushes where he was discovered.
Issue: Whether Df intended to permanently deprive owner of the property ?
Procedure: Jury Convicted of burglary with intent to commit larceny. Reversed.
Rule: Intent to permanently deprive the owner of his property with felonious intent.
Ct. Rationale: The df did not have the requisite felonious intent to permanently deprive the owner of his property. His acts only constitute trespass. He never intended to convert the property to his own use, nor permanently deprive. The jury was improperly instructed on the law.