Summary of Thompson v. State, S. Ct. Alabama, 1891

Facts: Df smacked the hand of victim, which contained two silver dollars, causing them to fly out. No one saw whether df got the coins or not, df ran away after striking the hand.

Issue: Whether jury instruction supported the charge for larceny?

Holding: No

Procedure: jury trial conviction for larceny.  Reversed.

Rule: Larceny must include felonious taking and carrying away of personal property, df acquires dominion over the property over the owner.

Ct. Rationale:   The owner’s possession was disturbed but no proof was entered that the df took the property or acquired dominion over the property.  Therefore no larceny could have been committed.

PL A: By slapping the hand df acquired dominion over property that was not his.

Df A: Df never took the property.