Cummings v. Commonwealth

Cummings (defendant) sold Sweet a sow and pigs actually belonging to a third party, Flauher, for $7, and Sweet — innocently believing the animals were Cummings's to sell — took and carried them away on Cummings's representation; Cummings was convicted of larceny despite never personally touching or moving the animals himself, and he appealed on the theory that he couldn't be guilty of larceny without personally committing the taking-and-carrying-away element.