People v. Shaunding, 113
| Citation | 268 Mich. 218,255 N.W. 770 |
| Decision Date | 02 July 1934 |
| Docket Number | June Term, 1934.,No. 113,113 |
| Parties | PEOPLE v. SHAUNDING. |
| Court | Supreme Court of Michigan |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Allegan County; Fred T. Miles, Judge.
Brenton Shaunding was convicted upon a charge of entering, in the nighttime, without breaking, a certain horse shed, with intent to commit larceny therein, and he appeals.
Reversed, and a new trial granted.
Argued before the Entire Bench.
Clare E. Hoffman, of Allegan (Leo W. Hoffman and Carl E. Hoffman, both of Allegan, of counsel), for appellant.
Welborne S. Luna, Pros. Atty., of Allegan, for the People.
The trial court was in error in excluding testimony offered by the respondent as to his belief that he had the right to take the property in question from the place from which it was taken.
‘The felonious intent is an essential and inseparable ingredient in every larceny, and if a person takes property under a claim of right, however unfounded, he has not committed larceny.’ People v. Hillhouse, 80 Mich. 580, 586, 45 N. W. 484, 486.
The judgment is reversed, and a new trial is granted.
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Morissette v. United States 8212 10, 1951
...S.W.2d 534, holding that appropriation by a finder of lost property cannot constitute larceny in the absence of intent; People v. Shaunding, 268 Mich. 218, 255 N.W. 770; People v. Will, 289 N.Y. 413, 46 N.E.2d 498; Van Vechten v. American Eagle Fire Ins. Co., 239 N.Y. 303, 146 N.E. 432, 38 ......
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State v. Marley
...must be shown to establish a material element of the crime. People v. Rosen, 11 Cal.2d 147, 78 P.2d 727 (1938); People v. Shaunding, 268 Mich. 218, 255 N.W. 770 (1934); Cf. L.1972, c. 9, § 1-220. Therefore, defendants' 'honest' and 'reasonable' belief that they had a right or duty to be pre......
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People v. Karasek, Docket No. 20881
...it with felonious intent. 2 Russ.Crimes, 105.' See also People v. McCann, 42 Mich.App. 47, 201 N.W.2d 345 (1972) and People v. Shaunding, 268 Mich. 218, 255 N.W. 770 (1934). The cases of Driscoll v. People, 47 Mich. 413, 11 N.W. 221 (1882), and People v. Henry, 202 Mich. 450, 168 N.W. 534 (......
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State v. Goldsberry
... ... when cattle got mixed up with other people's cattle for ... the owners to go over and inspect the herds of other people ... to see if any of ... 434; People v. Slayton, 123 Mich. 397, ... 82 N.W. 205, 81 Am.St.Rep. 211; People v. Shaunding, ... 268 Mich. 218, 255 N.W. 770; Lechner v. Ebenreiter, ... 235 Wis. 244, 292 N.W. 913; ... ...