Intent to Steal Required for Conviction of Larceny
In People v. Brown (1894) 105 Cal. 66, 69 38 P. 518, the California Supreme Court clarified the law that the intent to steal required for conviction of larceny is an intent to deprive the owner permanently of possession of property.
Although the charged offense was burglary, the issue was whether the youthful defendant's intent to take a bicycle " 'to get even' " for being teased and return it the following day constituted theft. ( Id. at pp. 67-68.) the court said that the intent to temporarily deprive would not satisfy the mens rea of theft, but in citing State v. Davis, supra, 38 N.J.L. 176, suggests that the intent to take property and abandon it under circumstances where the owner is unlikely to recover it might be sufficient to constitute intent to permanently deprive. (Brown, at p. 69.)