Summary of Bell v. State
S. Ct. Tenn, 1874

Facts: DF dug up and stole away with sweet potatoes and cabbage belonging to MR. White.

Issue: Whether the taking of the goods and chattels constituted trespass or larceny?

Holding: Trespass

Procedure: Df convicted of larceny in the Criminal Ct.  Reversed.

Rule: If asportation and severance were one continuous act, it is only trespass.  If they were two separate acts it is larceny.

Ct. Rationale: To dig the potatoes cast them onto the earth and immediately pick them up and remove them is one continuous act.  Without cessation was completed would only amount to trespass.  There was no felony committed in the taking and carrying away from the owner only trespass.  The df only severed and carried away property held in freehold.

PL A: The taking of vegetables severed from the ground amounts to possession, removing the possession of another to deprive constitutes larceny.

Df A: The severance and removal are one act.