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Criminal Law Keyed to Kaplan
Commonwealth v. Mixer
Citation:
93 N.E. 249 (1910)Facts
The defendant, Mixer, discovered a horse in the possession of another individual. Mixer believed this horse to be his own property that had previously been stolen from him. Acting on this belief, he took possession of the horse without the current possessor’s permission. Evidence at trial suggested that Mixer had openly taken the horse during daylight hours and made no attempt to conceal his actions, consistent with his claim that he believed he was rightfully reclaiming his own property. Despite Mixer’s assertion that he lacked criminal intent because he honestly believed the horse was his, the trial court convicted him of larceny. The court instructed the jury that Mixer’s belief, even if honest, did not constitute a defense to the charge.
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