HORSE STEALING. 61 



prisoner promised to pay him, and not on account of any 

 of the false pretences charged, the prisoner was entitled 

 to an acquittal (s). 



Where W. let a Horse on hire to C, who fetched the 

 Horse every morning from W.'s stable and returned it 

 after the day's work was done, and the prisoner went to 

 C. one day just as the day's work was done and fraudu- 

 lently obtained the Horse by saying, falsely, " I have come 

 for W.'s Horse ; he has got a job on and wants it as quickly 

 as possible;" and the same evening the prisoner was found 

 three miles off with the Horse by a constable, to whom he 

 stated it was his father's Horse and that he was sent to 

 sell it. This was held as against W. to be a larceny, 

 though as against C. it would have been an obtaining 

 by false pretences (a) . 



If instead of delivering a Horse on the completion of Delivery on 

 a bargain, the owner allows the party to ride him by way *^'^^^- 

 of trial, and he rides away in pursuance of an intention 

 to defraud, the property is unchanged, and the felony is 

 complete {b). 



If the owner does not consent to the goods being taken. Goods taken 

 and the person when he bargains for them does not intend ^'it^^out con- 

 to pay for them, but means to get them into his possession, 

 and dispose of them for his own benefit without paying for 

 them, it is a larceny (c). 



If a Horse be hired for the day by a person intending Appropria- 

 at the time of hiring to appropriate it, ancl it is accordingly *ip^ "^ ^ 

 taken away and sold, a felony is committed, because the "^*^ °^^^' 

 owner did not intend to relinquish his property in the 

 Horse, but only the temporary possession (d). But where 

 a Horse is hired for a particular purpose the selling him 

 after that purpose is accomplished will not constitute a 

 iiciv felonious taking (e). 



If goods are. delivered to a person on hire, and he takes Larceny 

 them away animo furancJi, he is guilty of larceny, although without proof 

 no actual conversion of them by sale or otherwise is 

 proved. Thus, where A. hired a horse and gig with the 

 felonious intention of converting them to his own use, 

 and afterwards offered them for sale, but no sale took 



{£) Rex V. Bale, 7 C. & P. 352 ; (c) Gilbert's case, 1 Mood. C. C. 



R. V. llarveij, 1 Leach, 467. 186. 



{(i) Ecff. Y. Kendall, 30 Ij.T.3i5; (d) Rex v. Fear, 1 Leach, 521; 



12 Cox, C. C. 598, C. C. R. Rex v. Pafc/i, Ibid. 238 ; Rex; v. 



(A) See Dickinson, Q. S. 220. Fratt, 1 Mood. C. C. 185. 



(e) Rex V. Fa)i/cs, R. & R. 4tl. 



