The Prosecution Can Meet Its Burden On The Larceny Essays

The Prosecution Can Meet Its Burden On The Larceny Essays

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It is likely that the prosecution can meet its burden regarding the larceny
element. R The first element of armed robbery can be met if: a defendant commits a
larceny of money or property. Mich. Comp. Laws § 750.530. Larceny requires “a
felonious intent and without any claim or color of right.” People v. Holcomb, 395 Mich.
326, 11 (1975). Where "the defendant in good faith believed that the money which
demanded was his, and that he was entitled to, he could not be guilty of either robbery
or larceny in taking it, because there would be no felonious intent, the crime cannot
have been committed.” Id. at 12.
The “victim need not be the actual owner of the stolen property; mere custody or
right of control by the victim is sufficient to support a charge of larceny or robbery.”
Rodgers, 248 Mich. App. 702 at 6. The “proper analysis is to determine whether the
alleged victims had a right to possession of the subject property superior to that of the
defendant.” Id. at 10. The “essence of armed robbery is not that the property belonged to
the victim, but rather that it belonged to someone other than the thief.” Id. at 11.
E For example, in Holcomb, “the defendant answered the door to his room and
Holcomb ‘pulled out a gun and shoved the victim to the back corner.’” Holcomb, 395
Mich. 326 at 9. The victim “attempted to ‘shove the gun away’, then ‘got in a little
argument’ with Holcomb, and eventually succumbed when struck on the head with the
gun ... a stereo tape deck and radio were missing.” Id. at 10. Holcomb testified that, “the
victim had sold him some ‘bull drugs’ … Holcomb confronted the victim, but claimed he
did it with no gun, and did not strike not steal anything ... Holcomb claimed he only asked
for his mo...


... middle of paper ...


...Hunter. However, Dr. Graham waited for Mrs. Hunter
in the parking lot to retrieve the necklace when she growled at Mrs. Hunter and stated,
“give me the necklace, its mine now, give it to me.” Dr. Graham had no felonious intent
and had claim or right, since she was attempting to get back the necklace that Mr. Hunter
gave her. Therefore, it is likely that the larceny element will be established at trial.
In contrast to Rodgers, Dr. Graham confronted and demanded the necklace only
from Mrs. Hunter and no others “give me the necklace, its mine now, give it to me.” But,
like Rodgers, Mrs. Hunter was in possession of the necklace prior to the incident in the
parking lot. Mrs. Hunter grabbed hold of the necklace and told Dr. Graham “No, it was an
anniversary present, No, No.” Dr. Graham was not in possession of the necklace prior to
the incident in the parking lot.

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