Law Dictionary

invito domino

crim. law. Without the consent of the owner.

2. In order to constitute larceny, the property stolen must be taken invito domino; this is the very essence of the crime. Cases of considerable difficulty arise when the owner has, for the purpose of detecting thieves, by himself or his agents, delivered the property taken, as to whether they are larcenies or not; the distinction seems to be this, that when the owner procures the property to be taken it is not larceny; and when he merely leaves it in the power of the defendant to execute his original purpose of taking it, in the latter case it will be considered as taken invito domino. 2 Bailey's Rep. 569; Fost. 123; 2 Russ. on Cr. 66, 105; 2 Leach, 913; 2 East, P. C. 666; Bac. Ab. Felony, C.; Alis. Prin. 273; 2 Bos. & Pull. 508; 1 Carr. & Marsh. 217; article, Taking.

Source : Bouvier 1856

Language : English

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