| Show iIi MV ARE Baltimore Herald HeraldS HeraldOn S On the tho ground that lead pipe Incorporated In n a n building In is real estate and that there can COli bo be no larceny of ot real a 11 Delaware Judge judg has acquitted a it 1 IllIn who stripped a mill of ot a n halfton of or lead leall tile pipe pi pl and who was arrested ter In Philadelphia Attorney General Ward Vard of ot Delaware says lIas that If It tho the operation were not continuous Hint IsIf the poison should lay Ill down loun tho the pipe pille after atter severing It front from fromn troma a n building leave It for a n while and re tr return turn tacit litter later and carry It he might he bum adjudged guilty of ot larceny Other Othor Otherwise wise vIse the attorney general thinks no lar larceny laren ceny en 00 H IS I committed Attorney Franklin explain explained ed er the point more fully and said Suppose you were ware to go Into a n wn wa watermelon a patch hatCh anti and cut nit a II melon from fromn froma n a 1 growing vino and carry tarry the tho melon away You Tou would not bo ho 10 subject ct to 10 larceny under tinder the common om man hail hut Bui It I Iou you ou should become frightened after atler sos sev severing M ering the tho melon from troll the vine and should lay Iny It on the tho ground and re return reo return turn later Ilter and carry It away then you could bo ho arraigned for tor larceny Tho The fact tact that you OU do not remove the prop property property property erty by hy a n continuous operation changes tho the property from troll realty not subject to larceny to personal property which can cnn be bo stolen stole With Much such authorities and such rea reasoning the conclusion that loud lead pipe and watermelons are under some sOllie dream circum circumstances stances real estate seems Brems Inevitable but hw law and ond common sense are unquestionably nt ot variance In the matter |
