The Law Reports volume 2

Cover The Law Reports volume 2
The Law Reports volume 2
Edward Chandos Leigh
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673.
(2) 2 Eusscll on Crimes, 4th ed. At (4) 2 Itussell on Crimes, 4th ed. At p. 200. P. 201.
46 CROWN CASES RESERVED. [L. B.
1873 if a long series of cases had so decided, we should think we were THE QUEEN bound by them, yet we think that in a Court such as this, which MIDDLE-TON * 8 "* e ^ ec ^ a court of error, we ought not to feel bound by two cases which, as far as we can perceive, stand alone, and seem to us contrary both to principle and justice.
BOVILL, C. J. , delivered the judgment of
... himself and Keating, J. , as follows : The* proper definition of larceny according to the law of England, from the time of Bracton downwards, has been con- sidered to be the wrongful or fraudulent taking and carrying away by any person of the personal goods of another, from any place, without any colour of right, with a felonious intent to convert them to the taker's own use, and make them his own property, without the consent and against the will of the owner. And the question for our consideration is, whether the facts of the present case bring it within that definition.

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