What is the common law common law defense to larceny?

California, United States of America


The following excerpt is from People v. Perkins, F069357 (Cal. App. 2016):

"At common law, a claim of right was recognized as a defense to larceny because it was deemed to negate the animus furandi, or intent to steal, of that offense." (People v. Tufunga (1999) 21 Cal.4th 935, 938.) This "defense provides that a defendant's good faith belief, even if mistakenly held, that he has a right or claim to property he takes from another negates the felonious intent necessary for conviction of theft or robbery." (Ibid.; People v. Zamani (2010) 183 Cal.App.4th 854, 887-888.)

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