State v. Coombs
Maine Supreme Judicial Court
55 Me. 477 (1868)
At the time Coombs (defendant) borrowed a horse, sleigh, and buffalo robes, he told the lender that he wanted to drive it to a certain place for a short period of time. However, Coombs intent was actually to go to a further place for a much longer period of time. At trial, the jury was instructed that, if Coombs obtained possession of the property by falsely and fraudulently pretending that he wanted to drive it to a certain place, and to be gone a specified time, when in fact he did not intend to go to such place, but to a more distant one, and to be absent a longer time, without intending at the time to steal the property, the team was not lawfully in his possession and that a subsequent conversion of it to his own use, with a felonious intent while thus using it, was larceny. Coombs was found guilty of larceny and appealed.
Rule of Law
Holding and Reasoning (Dickerson, J.)
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