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LARCENY EMBEZZLEMENT
After having thus endeavour'd to establish a comprehensiblean intelligible distinction between these tw crimes
it will be edifying to observe how they have been confounded —
If we believe Serj.t Hawkins speaking from his Judgement + — " If a pad
be guilty or no Trespass in taking the Goods, he cannot be guilty of Felony" in carrying them away"<add>[+]</add>
+ 1. Hawk, 89-SS2.
[+] and agreeable to this he observes SS3 (speaks)
f and for this he cites a decision an authority) that "a
"Carrier who receives Goods in order"
"to carry them to a certain place, "
"cannot be said to steal them,"
by imbezzeling of them afterwards."
now by stbr being said to steal them
it appears by the same fiction, he
means, being felonouslyguilty. [of Felony,
that is of Larceny.]
If we believe the same Sergt. Hawkins speaking in the next page from his
Authorities, it Ca opening a Bank and taking out a part with intent to steal things
may . ing possession here to possession are within another
Nowin both these cases, by the supposition was is the original taking the same, and means
of them a trespass.
If it be said on his behalf, that in the case last part he means not the origin
taking of the whole which was no trespass, but the partial taking [which according in the idea here attributed
to him ], besides that the Idea of ++ two takings one within another is not very satisfactory I
see not here this second taking can be kept contra-distinct clear from the "carrying away", to who
my apprehension necessarily includes it.
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Identifier: | JB/070/228/001"JB/" can not be assigned to a declared number type with value 70. |
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070 |
of laws in general |
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228 |
larceny embezzlement |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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23343 |
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