Wilkinson v State
S. Ct Mississippi 1952
Author:- Sam Biers

Facts: 3 cows strayed and were picked up by Ferguson, who did not know the owner.  Whittington had some cows stray and went to Ferguson. The cows were not his but his hand Wilkinson persuaded him to claim them.  Whittington sold the cows and gave part of the money to Wilkinson.   

Issue: Whether df acquiring cows under false pretenses was grand larceny?

Holding: yes

Procedure: Indicted and Convicted of grand larceny.  Affirmed.

Rule: One who falsely personates another and in such assumed character receives property intended for such person is guilty of grand larceny if he does so with felony intent.

Ct. Rationale: Df possession was obtained by fraud and the owner did not intend to pass title or ownership.  Possession fraudulently obtained with present intent to convert the property to his own use without title is grand larceny.

PL A: The df intended to obtain possession over the cows by fraud assuming the character of the owner.

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