Rex v. Pear

1 Leach 212, 168 Eng. Rep. 208 (1779)

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Nature of the Case

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Facts

Finch was a stable keeper who rented horses. Pear (D) rented a horse from Finch stating his intention to make a journey to another town and return that night. D said he lived at a local address and needed the horse only for the day. These were lies. D had no intention of going to Surry or returning with the horse. D sold the horse the same day and never returned. It was also discovered that D did not live at the local address. D was indicted for larceny. The jury found that D had intended to sell the horse from the start. The court then had to determine if D was liable for a crime or a breach of trust.