State v. Savage
Court of General Sessions for Sussex County, Delaware
186 A. 738 (1936)
Relevant factsFree
Savage (defendant) took a can containing three gallons of gasoline from an unattended car, drove about a mile, poured the gas into his own vehicle, and discarded the can without informing the owner or offering payment. At trial, Savage testified he had run out of gas, saw the nearby car, took the gasoline, and instructed a companion to return the can and tell the owner he would pay for the gas taken; the companion denied this account. Savage was indicted for larceny.
IssueFree
Whether the borrowing of another's personal property, without felonious intent to permanently deprive the owner of it and with the intention of returning the property, constitutes larceny.