Regina v Hall
Ct. for Crown Cases Reserved, 1849
Author:- Sam Biers

Facts: df obtained the keys from his boss to the warehouse while his boss ate lunch.  He then collected the fat and tallow into a bag and removed it outside.He returned the keys to the owner and left again.  The owner discovered that the fat was missing that he had previously weighed out.  The df and Wilson approached.  Df claimed the fat belonged to a butcher and Wilson claimed to be in the process of selling the fat to the owner.  Both wilson and df ran away.

Issue: Whether the property was asportated by df despite the return of the same property to the owner for re-sale constituted larceny?

Holding: Yes

Procedure: Jury found guilty of larceny.  Affirmed.

Rule: Intent to dispose of property, not his own, is a deprivation of the property of another.

Ct. Rationale: The taking was admitted.  The intent to deprive the owner is by way of instrument. Using another to re sell the same property back to the owner is deprivation of that property by way of fraud.

PL A: The df intended to use fraud to deprive the owner of his property.

Df A: There was no larceny, only the attempt to commit larceny.  There was no asportation.

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