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Commonwealth v. Tluchak
Superior Court of Pennsylvania (1950)
Defendants: The defendants, husband and wife, were charged and convicted with larceny. The defendants made contract with some people to sell their farmhouse and the articles in this farmhouse. When the people moved into the farmhouse, they noticed that some of the articles were missing. The defendants were convicted for larceny and now they appeal.
Issue: "Are sellers who refuse or fail to deliver goods sold to their purchasers guilty of larceny?"(Schulhofer 1042)
Holding: No
Legal Reasoning: The court ruled that larceny requires 'criminal tresspass' and the defendants can not be found guilty of this because they legally had the possession of the property before they sold it to the purchasers. The court ruled that the defendants can be found guilty of "fraudulent conversion" but they can not be found guilty of larceny since they had legal possession of the property. The conviction was reversed.