California Court of Appeal

The trial court did not have a duty to instruct sua sponte that consent is a defense to larceny, and any failure to so instruct was not prejudicial; government consented only to the temporary taking of its property, and such consent does not provide a complete defense to theft.

Appellate Information

• Decided 06/10/2002
• Published 06/10/2002

Judges

• JOHNSON, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Phillip I. Bronson for Defendant and Appellant Smith., Maxine Weksler, under appointment by the Court of Appeal, for Defendant and Appellant Thomas., William Flenniken, Jr., under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant Gonzalez., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters, Supervising Deputy Attorney General, and Michael C. Keller, Deputy Attorney General, for Plaintiff and Respondent.