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CB Topolewski v. State - Trespassing includes the...

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Topolewski v. State 109 N.W. 1037 (1906) Fact: Operative Facts: Dolan works at Plankinton meat company. He owed money to Topolewski (defendant). The defendant suggested Dolan that the debt would be dismissed if Dolan placed 4 barrels of Plankinton’s meat on the loading dock for him to take. The defendant told upper management, and the upper management agreed to setting up the defendant, to catch him for theft. When the defendant’s wagon came in, the workers at Plankinton meat company took the order like they normally did, and assisted the arranging of the wagon and watched him load the meat. Issue: Did Topolewski commit larceny when the item he wished to take was practically given to him? Rule: Larceny is Trespasser taking and carrying away of the personal property of another with the intent to deprive the person entitled to possession of that possession.
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Unformatted text preview: Trespassing includes the non-consent for the person to be there, and non-consent for the items to be taken. Rational: Dolan’s supervisor allowed the taking of the property, as well as instructed his employee’s to allow the person to come and even helped him have space in his wagon so the defendant could place the barrels of meat on there. The employee treated the barrels just like it was any order, and took the order, helped arrange space in the wagon for it, and supervised the taking of the property. Holding: No, Topolewski did not commit larceny because the defendant did not trespass, and it was inferred in the situation that the owner of the property consented in giving of the property, even though the intent of larceny existed. Synthesis: Dissent/Concurrences:...
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