Regina v. Riley

Charles Riley (defendant) paid to board his 29 black-faced lambs overnight in a field that also held John Burnside's 10 white-faced lambs. The next morning, one of Burnside's lambs was missing and all 30 lambs (Riley's 29 plus Burnside's one) had left with Riley, who then sold all 30 -- including Burnside's -- to a buyer after the buyer pointed out there were 30, not 29. Riley argued that because his original taking of the extra lamb was a mistake, without felonious intent at that moment, there was no larceny; he was convicted at trial and appealed.