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State v Coombs
S. ct. Maine 1868
Author:- Sam Biers
Facts: Df obtained possession of a team of horses, sleigh, and buffalo robes by falsely and fraudulently pretending he wanted to drive to a certain place, and be gone for a certain period. He did not go to that place, and was gone longer than stated. He then converted the team as his own.
Issue: Whether felonious intent existed at the time of the original taking, when that taking is tortious, to constitute larceny?
Holding: Yes
Procedure: Jury conviction for larceny. Affirmed.
Rule: One comes lawfully into possession of the goods of another, with his consent, an a subsequent felonious conversion of them without owner’s consent, with felonious intent is larceny.
Ct. Rationale: The taking or trespass is continuous. The wrongdoer hold it without right and against the right and without the consent of the owner. The df intended to deprive the owner of that property permanently without right, or excuse.
PL A: The df used deception and fraud to obtain possession and then converted the property of another for his own with the intent to deprive.
Df A: The team was freely given to the df for his own use.