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Criminal Law keyed to Dripps
Regina v. Riley
Facts
Charles Riley (Defendant) went to John Clarke and asked to place his twenty-nine black-faced lambs in Clarke’s field for the night, at a cost of one penny per lamb. Clarke agreed. Also in Clarke’s field were ten white-faced lambs belonging to John Burnside. The following morning, Burnside noticed that one of his lambs was missing and that all of Defendant’s lambs were gone. Earlier that morning, Defendant had gone to John Calvert and asked him to purchase his twenty-nine lambs. After Calvert looked the lambs over, he noticed that there were thirty lambs. Defendant agreed to sell all thirty lambs, which were purchased by Calvert. Defendant was indicted for larceny. At trial, Defendant argued that the original taking of one of Burnside’s lambs was done by mistake and that if Defendant did not have felonious intent at the time of that taking, there was no crime of larceny. Defendant was convicted of larceny because the wrongful taking was at the time Burnside’s lamb was pointed out to him by Calvert. Defendant appealed.
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