Wilkinson v. State

Ferguson found stray cattle belonging to an unknown owner and held them to return them; Whittington and his servant Wilkinson (defendant) visited Ferguson's farm, and although Whittington knew the cattle were not his, Wilkinson persuaded him to falsely claim them as his own. Ferguson, believing the cattle belonged to Whittington, delivered them, and Whittington later sold the cattle and shared proceeds with Wilkinson. Wilkinson was convicted of grand larceny and appealed, arguing he had been indicted under the wrong theory of crime.

Whether falsely claiming ownership of personal property to obtain possession, with felonious intent to convert it and deprive the true owner, constitutes larceny.