Dolan worked at a meat packing plant and owed D some money. D suggested that Dolan help him steal some meat to pay off his debt.
Dolan informed the plant of this plan. The plant told Dolan to let it go and that they would catch him.
The plant informed Klotz, the loading platform manager, to put out meat on the platform and that a man would take it away. Klotz was not told about the impending theft.
Klotz did not help D load the meat but did allow the meat to be taken and helped arrange the wagon.
D charged with larceny.
Procedural History:
Trial court found D guilty of larceny.
WI Supreme Court reversed, D not guilty of larceny.
Issues:
Does consent to taking of property negate the element of trespassory taking in the crime of larceny?
Holding/Rule:
Consent to taking of property negates the element of trespassory taking in the crime of larceny.
Reasoning:
There can be no larceny without a trespass.
If one allows his property to be taken or delivered to person intending to commit larceny, then there is no trespass.
If a trap is set that goes no further than to afford the criminal an opportunity to carry out the plan, then larceny exists.
Klotz permitted D to take the meat as he was instructed.
A mere guilty purpose is not sufficient for conviction since one of the essential elements of the crime is missing.
Dissent:
None.
Notes:
There was no real way that the company could have set a trap in this situation.
