ride in the cars or vessels of such company, or who utters, publishes, or puts into circulation, any such counterfeit or altered ticket, check, or order, coupon, receipt for fare, or pass, with intent to defraud any such railroad or steamship company, or any lessee thereof, or any other person, is punishable by imprisonment in the state prison, or in the county jail, not exceeding one year, or by fine not exceeding one thousand dollars, or by both such imprisonment and fine. History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 433; amended by Code Commission, Act March 16, 1901, Stats and Amdts. 1900-1, p. 463, act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 675. § 482. RESTORING CANCELED RAILROAD OR STEAMSHIP TICKETS. Every person who, for the purpose of restoring to its original appearance and nominal value in whole or in part, removes, conceals, fills up, or obliterates, the cuts, marks, punch-holes, or other evidence of cancelation, from any ticket, check, order, coupon, receipt for fare, or pass, issued by any railroad or steamship company, or any lessee or manager thereof, canceled in whole or in part, with intent to dispose of by sale or gift, or to circulate the same, or with intent to defraud the railroad or steamship company, or lessee thereof, or any other person, or who, with like intent to defraud, offers for sale, or in payment of fare on the railroad or vessel of the company, such ticket, check, order, coupon, or pass, knowing the same to have been so restored, in whole or in part, is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars, or by both such imprisonment and fine. History: Enacted March 30, 1874, Code Amdts. 1873-4, p. 433; amended by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 463, act held unconstitutional, see history, § 5 ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 675. § 483. SELLING TICKETS, ETC., TO PERSON NOT ENTITLED TO USE. Any person, firm, corporation, partnership, or association that shall sell to another any ticket, pass, scrip, mileage, or commutation book, coupon, or other instrument for passage on a common carrier, for the use of any person not entitled to use the same according to the terms thereof, or of the book or portion thereof from which it was detached, shall be guilty of a misdemeanor. History: Enactment approved May 31, 1917, Stats. and Amdts. 1917, p. 1401. In effect July 30, 1917. § 484. "LARCENY" DEFINED. Larceny is the felonious stealing, taking, carrying, leading, or driving away the personal property of another. History: Enacted February 14, 1872, founded on §§ 60, 61 Criminal Practice Act 1850, Stats. 1850, p. 235, as amended April 19, 1856, Stats. 1856, p. 220. solely for jury. 35. Same-Same-Obtaining money with which to bribe public officer. 36. Same Same-Taking property to enforce lien. 37. Same Same Same Though wrongful, not larceny. 38-40. Same-Same-Trick and device. 42. Same-Ownership of property in an- 43. "Larcey"-Is not larceny. 44. Sale without authority-Constitutes larceny. 45. Same-Taking by servant. 46. Taking by owner-With intent to charge bailee. 47, 48. Taking with consent-As to generally. 49. Same-Bathing-house proprietor not taking goods into charge. 50. Same-Consent of wife. 51. Same-For detection of criminal. 52. Same-Fraudulent bailment. 53. Same-Fraudulent deposit for security. 54. Same-Fraudulent loan. 55. Same-Hiring with fraudulent intent. 56. Same-Lottery. 57. Same-Pretended purchase. 58. Same Same - Pretense of buying for cash. 101. Ownership-Averment of in another essential. 102-104. Same-Name of owner not essential part of offense charged. 105-108. Same-Sufficiency of allegation of. 109. Same-Same-In agistor. 110, 111. Same-Same-In an estate. 115-117. Place of commission of offense. 119. Sufficiency of-Test of. 121. Time-Allegation of. 122. Value-Allegation of required, when. III. EVIDENCE ADMISSIBILITY AND SUF FICIENCY. 123, 124. Admissibility of-In general. 125. Same-Admissions incriminating accused-Made in conversation in jail. 126. Same-Aiding and abetting. 127, 128. Same-Complicity for purpose of detection. 129. Same-Conduct of accused. 130-133. Same-Intent-Evidence which has legal tendency to show. 134. Same-Manner of acquiring possession. 135-141. Same-Other offenses. 142. Same-Place of commission. 143. Same-Prior financial condition of defendant. 144. Same-Res gestæ. 145- 151. Same-Right of accused to property. 152, 153. Same-Same course of conduct. 154-156. Same-Statements by accused. 157-159. Same-Statements in presence of accused. 160-162. Same-Stolen property in possession of accused. 163-166. Same-Theft of other property at same time. 167, 168. Cross-examination-Prosecuting witness may be required to testify. 169. Participation in crime-Evidence to establish. 170. Proof of non-consent of owner. 172. Same Same-Sufficiency of. 173. Same-False statement by accused. 174-176. Same-Possession of stolen prop 198. Same Grand larceny charged Verdict of petty larceny. 199, 200. Same-"Horse" charged to have been stolen-Theft of "mare" proved sufficient. 201. Same-Larceny and embezzlement. charged-Evidence of either sufficient to sustain conviction. 202-204. Same-Larceny from the person charged. 205, 206. Same-Trick or device-Obtaining money or property by. IV. INSTRUCTIONS TO JURY. 207-210. As to acquittal. 211, 212. As to asportation. 213, 214. As to circumstantial evidence. 215. As to consideration of other stolen articles. 216. As to defense of insanity. 217. As to definition of larceny. 218. As to estimation of evidence. 220, 221. As to failure to account for pos session of stolen property. 222. As to failure to produce witness. 223-226. As to felonious intent. 227. As to felonious intent at time of taking. 228. As to identity of property stolen. 229. As to other offenses. 230-234. As to ownership. 235. As to petty larceny. 236, 237. As to place of commission. 238-241. As to possession of stolen property. 242-244. Same-As to explanation of possession. 245. As to receiving stolen goods. 246. As to time of commission of of- 247-249. As to weight of evidence. 252. Where instruction correct-Converse V. VARIANCE-VERDICT. 253. Variance-As to when none exists. 254. Same-Description by ownership. 255. Same Same-Ownership in husband or wife. 256-258. Same-Immaterial, when. 259. Same-Material, when. 260. Verdict-Of petty larceny, when. 261. Same-Separate verdict upon each count, when. 262. Sentence-Submitting insanity to jury-Discretion of court. CO As to criminal responsibility of one operating in the offense of a larceny which he is incapable of committing personally, see note, 5 A. L. R. 785. As to embezzlement, see, post, §§ 503-514 and notes. As to larceny by failure to return change on a purchase, see notes, 33 Am. Rep. 458; 40 Am. Rep. 553; 43 Am. Rep. 137; 50 Am. Rep. 129; 88 Am. St. Rep. 578. As to larceny of moneys borrowed, see note, 46 Am. Rep. 183. As to larceny of money paid by mistake, see note, 34 Am. Rep. 591. As to larceny of money received to be changed, see note, 40 Am. Rep. 553. As to jurisdiction in cases where property is stolen in one county and brought into another county, see, post, § 786 and note. As to necessity of secrecy of taking in larceny, see note, 1 Am. Cr. Rep. 393, 403. As to venue in a prosecution charging larceny through burglary of a freight-car en route, see, ante, § 459, note par. 58. As to what constitutes the crime of lerceny, see notes, 57 Am. Dec. 271; 88 Am. St. Rep. 559. I. IN GENERAL. 1. Construction of section-As to generally.-Larceny under the Penal Code is substantially the same as at common la 7. -People v. Raschke, 73 Cal. 378, 381, 15 Pac. 13; People v. Meyer, 75 Cal. 383, 384, 17 Pac. 431; People v. Swalm, 80 Cal. 46, 48, 13 Am. St. Rep. 96, 100, 8 Am. Cr. Rep. 447, 22 Pac. 67. V. 2. Same-A special offense.-The crime of larceny a specific offense.-People Smith, 86 Cal. 238, 239, 24 Pac. 988. 3. Same-Offense is governed by other sections of Penal Code, which do not create offense of larceny, does not make it obligatory on prosecution to charge under such provisions, where act committed constitutes larceny.-People v. Campbell, 127 Cal. 278, 281, 59 Pac. 593, citing People v. Frigerio, 107 Cal. 151, 152, 40 Pac. 107. 4. Same "Stealing," as here used, has fixed and well-defined meaning, and is, in its every-day use and acceptation, as well understood as any other word in English language. Webster defines it, "To take and carry away feloniously, as the personal goods of another."-People v. Lopez, 90 Cal. 569, 572, 27 Pac. 427. 5. Stealing, in common as well as in legal parlance, imports larceny, and when used in connection with property, means felonious taking.-People v. Tomlinson, 102 Cal. 19, 24, 36 Pac. 506. See People v. Urquidas, 96 Cal. 239, 241, 31 Pac. 52. 6. Crimes distinguished-Larceny from embezzlement, as to generally.-See, post, § 503, note pars. 10-21. As to distinction between larceny and embezzlement, see notes, 98 Am. Dec. 126; 87 Am. St. Rep. 21. As to what is larceny and not embezzlement, see, post, §§ 507, 508 and notes. 7. One is guilty of embezzlement where he honestly receives goods upon trust, and afterwards fraudulently converts them to his own use; but where the possession is fraudulently obtained, with intent to convert the same to his own use and the owner does not part with the title, the offense is larceny.-People v. Howard, 31 Cal. App. 358, 160 Pac. 697. 8. The essential distinction between the crime of embezzlement and that of grand larceny is that, in embezzlement, the original taking of the property is lawful, while in grand larceny the original taking involves a trespass or is accompanied by a felonious intent to deprive the owner of the property so taken.-People v. Knox, 32 Cal. App. 158, 162 Pac. 407. 9. Same-Larceny and false pretenses.— Where, by means of fraud, conspiracy, or artifice, possession of property is obtained with felonious intent, and title still remains in owner, larceny is established, while crime is false pretenses if title as well as possession is parted with.-People v. Rae, 66 Cal. 423, 56 Am. Rep. 102, 6 Pac. 1; People v. Campbell, 127 Cal. 278, 281, 59 Pac. 593. As to distinction between larceny and false pretenses, see, post, § 532, note pars. 17-19; note 25 Am. St. Rep. 391; § 352 and note. 10. Where prosecuting witness paid to defendant certain sum of money as purchase-price for lodging-house, but defendant applied only portion of such money to purchase of lodging-house, and converted balance to her own use, defendant was not guilty of obtaining money by false pretenses, but of larceny.-People v. Delbos, 146 Cal. 734, 736, 81 Pac. 131. 13. Same-Larceny and receiving stolen goods.-Larceny distinct from crime of receiving stolen goods, and proof of latter offense is insufficient to convict person accused of former.-People v. Ward, 105 Cal. 652, 658, 38 Pac. 945. 14. Same-Larceny and robbery are generically the same; the one being merely aggravated form of the other, and each is felonious taking of personal property of another.-People v. Crowley, 100 Cal. 478, 479, 35 Pac. 84. As to larceny from the person distinguished from robbery, see note, 10 L. R. A. 109. 15. Larceny is included in robbery.-People v. Nelson, 56 Cal. 77, 80. 16. Element of the offense-As larceny being a compounded of taking and carrying away of property and felonious intent.People v. Stone, 16 Cal. 369, 372. 17. Same · Asportation. To constitute larceny, it must be shown that goods were severed from possession or custody of owner, or in possession of thief, though it be but moment; goods taken must be carried away, but they need not be retained in possession of thief, neither need they be removed from owner's possession.-People v. Meyer, 75 Cal. 383, 384, 17 Pac. 431. As to what is asportation or carrying away of goods within the law of larceny, see notes, 45 Am. Rep. 69; 21 Ann. Cas. 856. 18. Where several acts constituting larceny are stated disjunctively in code, with word "or," impliedly as if each of words "stealing, taking," etc., taking from person without further carrying away constitutes the offense.-People v. Lonnen, 139 Cal. 634, 636, 73 Pac. 586. 19. In order to constitute the crime of larceny it is essential that the accused should have taken or aided and abetted in the taking of the property from the possession of the owner. Where the accused did not in any way participate in the original asportation of the property any subsequent guilty connection with the property is not sufficient to warrant a charge of larceny, the first requisite of which is taking possession of the goods by the thief.People v. Disperati, 15 Cal. App. 120, 113 Pac. 889. 20. Several asportations of property.e. g., potatoes pretended to be purchased for cash, from the same owner, prompted by the felonious design to convert the property to one's own use, they constitute a single act, without regard to the time of the various asportations.-People v. Mills Sing, Cal. App. 183 Pac. 865. 21. Where accused has completed the act or transaction which constitute a lar ceny, and goes away with the property, feloniously intending to appropriate it to 1 |