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In re the Personal Restraint of John Tortorelli

Washington Supreme Court

66 P.3d 606 (2003)

Relevant factsFree

John Tortorelli (defendant) was convicted of theft for taking stray logs and submerged trees from a lake that the state constitution defined as state property; Tortorelli argued he could not be guilty of theft because he owned the logs and trees under the common-law "law of finds" doctrine, which awards ownership to the first person to discover and possess unclaimed or abandoned items found in the sea.

IssueFree

Does a conviction for theft require proof that the defendant stole the property of another?

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