Lee v. State
Court of Special Appeals MD - 1984
- Does misappropriation of property by a bailee constitute common law larceny?
- Misappropriation of property by a bailee does constitute common law larceny.
- Common law larceny had been defined as the trespassory taking and carrying away of personal property of another with intent to steal the property.
- The requirement for trespassory taking made larceny a crime against possession.
- Thus, a person who had taken legal possession of the property from its owner could not be guilty of larceny.
- Thus, it is necessary to broaden the common law definition of larceny to make possession include the misappropriation by a person who already had physical control over the property.