Regina v Riley
Ct of Criminal App 1853
Author:- Sam Biers

Facts: df took his 29 lambs to the market for sale.  Previously his neighbor had put his lambs nearby, and one came up missing.  When df was selling the lambs it was brought to his attention that he had 30 lambs, one which was white-faced, contrary to his black faced lambs.  He sold it as though his own.

Issue: Whether the original taking of the lambs was mistake or larceny?

Holding: larceny

Procedure: Jury conviction for larceny.  Affirmed.

Rule: Wrongful taking of property by appropriation is evidence of felony. A continuous trespass of chattel, with the intent to deprive is larceny.

Ct. Rationale: The df did not try to discover who the owner was, but sold the lamb as though it were his own knowing it was not.  The original taking was wrong, and the appropriation of the lamb for sale was also wrong.

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