Does misappropriation of property by a bailee constitute common law larceny?
Holding/Rule:
Misappropriation of property by a bailee does constitute common law larceny.
Reasoning:
Common law larceny had been defined as the trespassory taking and carrying away of personal property of another with intent to steal the property.
The requirement for trespassory taking made larceny a crime against possession.
Thus, a person who had taken legal possession of the property from its owner could not be guilty of larceny.
Thus, it is necessary to broaden the common law definition of larceny to make possession include the misappropriation by a person who already had physical control over the property.
