Abstract
A RECENT judgment in England ' prompted one writer to remark that for centuries law of larceny has been source of a struggle between principle of legality on one hand, and on other natural desire of judges that man who has acted in a patently dishonest manner should not escape punishment.'2 In many of these instances it has been judiciary that have won struggle and in process have resorted too often to makeshift fictions,3 grossly artificial distinctions and obviously erroneous reasoning. It has been this kind of reasoning that has resulted in deplorable confusion surrounding meaning of many of fundamental requirements of larceny, and this is particularly so in England in that area of law referred to as larceny by mistake. In England, more so than United States, doctrine of larceny by a mistake remains conceptually to plague both judiciary and academic writer. As Lord Goddard once remarked: the task
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