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Croutube / Groups / Longstreeth’s case
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Group title: Longstreeth’s case

Longstreeth’s case

Longstreeth’s case, 1 Moody, C. C. 137(a); see Jackson’s case, Id. 119(6); post, 564; Wilkins’s case, 2 East, P. C. 673 ; post, p. 558. Proof of the taking—no intent to part with property by the prosecutor—original felonious intent on the part MBT of the prisoner—cases of hiring horses, fyc.—larceny. In the following case, the owner of the goods having no intention of parting with the MBT Shoes property in them, and the offender having, at the time of obtaining them, the animus furandi, the circumstances were held to constitute a felony (1). The prisoner tory burch outlet hired a mare for a day from the prosecutor in London, in order to go to Sutton gave the prosecutor a false reference. On the afternoon of the day on which he hired the marc, the prisoner sold her in Smithfield. The jury found the prisoner guilty of stealing the mare, and a case was reserved for the opinion of the judges, which underwent great discussion. Two of their lordships thought, that as the mare was obtained from the owner by means of asserting that which was false, viz. that the prisoner wanted to go a journey which he never intended to take, and as the statutes 33 Hen. 8, and 30 Geo. 2, had made the offence of obtaining goods by false tokens, or false pretences, punishable as a tory burch sale misdemeanor only, and the 33 Hen. 8, had distinguished the case of obtaining goods by false tokens 554 J from obtaining goods by stealth, they were bound by those statutes to say that the prisoner’s offence was not felony. A majority of their lordships, however, held that this case did not come within the statutes 33 Hen. 8 and 30 Geo. 2, relating to false pretences, which were not intended to mitigate tory burch shoes the common law, or to make that a less offence which was a greater one before. They held, that where an original felonious intent appeared, those statutes did not apply. They said, that if no such intent appeared, if the means mentioned in the statutes were made use of, the legislature had made the offender answerable criminally, who before, by the common law of the land, was only answerable civilly. Pear’s case, 2 East, P. C. 665; 1 Leach, 212. tory burch flats It will be observed, that, in this case, the prosecutor did not intend to part w ith ihe property in the horse, and no question arose upon that MBT Shoes Clearance point. MBT Shoes Clearance The following case, under similar circumstances, was decided the same way. The prisoner, a post-boy, applied to the prosecutor, a livery stablekeeper, for a horse, in the name of a Mr. Ely, saying that there was a chaise going to Barnet, and that Mr. Ely wanted a horse for his servant to accompany the chaise, and return with it.


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