This section contains the nature of the case and procedural background.

Schingen (D) was an employee of Buhler. D was told to take some beer to Omro and Waukau with instructions to bring the kegs and money back to Buhler. D got rid of the beer at Omro and threw the empty kegs and two unsold ones over a fence and into a field and then drove the wagon and horses to Oshkosh wherein he offered the horses for sale and actually did sell the harness. D asked to court to instruct the jury that without a trespass there could be no larceny. The court refused and instructed the jury that if property was put into D's hands, it remained in the owner's possession and if D took the property to unauthorized locations for the purpose of converting it to his own use, that was a trespass. D was convicted and appealed.

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