People v. Taugher

• Decision Date: 07 December 1894
• Citation: 61 N.W. 66,102 Mich. 598
• Court: Michigan Supreme Court
• Parties: PEOPLE v. TAUGHER.

61 N.W. 66

102 Mich. 598

PEOPLE v. TAUGHER.

Supreme Court of Michigan

December 7, 1894

Error to circuit court, Muskegon county; Albert Dickerman, Judge.

James Taugher was convicted of larceny, and brings error. Reversed.

Jerome E. Turner, for appellant.

A. A. Ellis, Atty. Gen., and Charles B. Cross, for the People.

GRANT, J. (after stating the facts).

It is contended by the attorney for the people that the respondent intended to steal the buggy from the outset, and that he requested and obtained the consent of Mr. Damm to use the buggy temporarily with felonious intent. We do not think that a felonious taking is established by the proof. He was in the lawful possession of the buggy when Damm approached him upon the street and demanded possession. Damm, by placing his hand upon the thill, did not recover possession. The people rely upon the case of People v. Camp, 56 Mich. 548, 23 N.W. 216. In that case the respondent obtained possession of a horse from a boy, the son of the owner, who evidently had no authority to act for his father, and afterwards secreted him. A felonious taking is essential to establish the crime of larceny at the common law. Respondent's possession was lawful until the demand. He would be liable in a civil action of replevin or trover, but no criminal intent is shown. It follows that the conviction must be set aside, and the respondent discharged. The other justices concurred.