Asportation - Law Dictionary Search Results
Home Dictionary Name: asportationasportation
asportation [Latin asportatio, from asportare to carry off, from abs- away + portare to carry] : a carrying away ;specif : the carrying away of someone else's property that is an element of larceny ...
Asportation
Asportation, carrying away or removing goods. In all larcenies there must be both a taking and a carrying away (cepit et asportavit)....
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Mixed questions of law and fact
Mixed questions of law and fact, cases in which a jury are to find the particular facts, and the court is to decide upon the legal quality of those facts by the aid of established rules of law, independently of any general inference or conclusion to be drawn by a jury. All technical expressions, such as asportation, conversion, acceptance, etc., are, in their application, partly matters of law, partly matters of fact. See 6 East, 3; 1 T.R. 167; and Taylor's Evid., s. 24....
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