Valenzuella

The information charged grand larceny, and the jury found the defendants guilty as charged.

The court instructed the jury: “Under our law a larceny is committed in every county into which the thief takes the property.” The crime of larceny is complete when the felonious taking dr asportation is consummated—that is, when the goods are removed from their place of deposit or the lawful possessor is deprived of their possession. If the party who has been guilty of larceny in one county can, under our statute, be indicted and tried in another county to which he has removed the stolen property, this may be a convenient rule with respect to procedure, but does not continue the defense as a mere attempt into the county to which the property is taken. Certainly one cannot be convicted of larceny before a larceny is committed; and the suggestion, if adopted, that the larceny—although the thief has obtained entire control of the property in one county—• is still “in fieri” in the other county to which the property is subsequently taken, would lead to the result that the party who had feloniously taken and carried away personal property could not be tried where every fact constituting the…