Odger's English Common Law

356 LARCENY.
So, too, where the prisoner moved a cask from one end of a cart to
the other, intending to steal it, but was detected before he could carry it
off, it was held that he was guilty of larceny. 1 On the other hand, to lift
up a sack from a horizontal position and stand it up on end was held not
to be a sufficient asportation. 2
Where, however, the prisoner lifted a pocket-book half-way out of the
prosecutor's pocket meaning to steal it, and being surprised in the act let
it fall back again, it was held that that was a sufficient asportation to
convict him of the full offence. 3
But where a man in a shop snatched up a parcel which was attached to
the counter by a string, so that it could not be taken out of the shop with-
out cutting or breaking the string, which he had not done, it was held
that he could be convicted only of an attempt to commit larceny. 4
, A count for simple larceny may be inserted in an indictment for any
aggravated larceny, e.g., in a dwelling-house or by a servant. This is not,
however, necessary, as the prisoner may be convicted of simple larceny
on a count for aggravated larceny. A count is usually added for receiving
the same goods knowing them to have been stolen. It is not "neces-
sary (except when required for the purpose of describing an offence depend-
ing on any special ownership of property or special value of property) to
name the person to whom the property belongs or the value of the
property." 5
On an indictment for larceny a man can be convicted of embezzlement
or of an attempt to commit larceny. If he is indicted for larceny and his
offence proves to be in law false pretences, he cannot be convicted of
larceny ; but he may be convicted of false pretences, although the false
pretences are not set out in the indictment. 6 If he is indicted for false
pretences and his offence proves to be in law larceny, he can nevertheless
be convicted of false pretences. 7 This distinction "is no doubt due to the
old rule of practice at common law that a prisoner indicted for a lesser
offence could never be convicted on that indictment of a graver offence.
Aggravated Larceny.
Certain kinds of larceny are regarded by the law as more
heinous than others. They are known as " aggravated
larcenies," because in addition to all the elements of simple
larceny they are attended by special circumstances which
aggravate the offence. The maximum punishment for these
* R. v. Walsh (1824), 1 Moo. C. C. 14.
a R. -v. Chefry (1781), 2 East, P. C. 556.
* R. v. Thompson (1825), 1 Moo. C. C. 78 ; R. v. Taylor, [1911] 1 K. B. R74.
* Anon. (1782), 2 East, P. C. 556 ; R. v. Wilkinson (1598), »&., and 1 Hale, 508.
» Rule 6 (1) under the Indictments Act, 1915 (5 & 6 Geo. V. c. 90).
« S. ii (3).
' S. 44 (i).