Summary of Topolewski v. State, Supreme Court of Wisconsin (1906)

Defendant: Topolewski; the defendant arranged with a company employee, who owned money to the defendant, to place three barrels of meat outside the loading platform so that the defendant can take those barrels. The employee told the owner and the owner instructed the employee to do what the defendant wanted him to do and as the conspiracy went on, the defendant was arrested. The defendant was charged and convicted of stealing the barrels.

Issue: Can the defendant be charged with larceny when the owner of the property through his agent, the employee, provided aid to the defendant in committing the offense?

Holding: No

Legal Reasoning: Larceny requires criminal trespassing and when the owner provided aid to the defendant through his agent, this requirement was abolished. The employee through the instructions of the owner placed the barrels outside for the defendant to take and the defendant can not be charged with criminal larceny even though he had the intent. Conviction was reversed.