The property taken or stolen must be that of another according to the definition of larceny. One cannot steal his own property or property owned by him with others. Thus a tenant by contract having a half interest in corn raised by him on the farm of his landlord, cannot be convicted of larceny in appropriating to his own use the entire crop of corn, they being joint owners of the corn by contract.42

36 Hoge vs. People, 117 111., 35;

Hughes Cr. Law, Sec. 434. 37 McDaniels vs. People, 118 Ill., 303; Hughes Cr. Law, Sec. 434. 38 4 Blackstone Com., 234; 2 Bish.

New Cr. Law, Sec. 769.

39 McCarthy vs. State, 1 Wash. St., 377.

40 Com. vs. Chace, 9 Pick. (Mass.), 15; 4 Blackstone Com., 235; State vs. Repp, 104 Iowa, 305.

41 State vs. Lyons, 26 Ohio St., 400.

But to this rule there is an exception. The owner may be guilty of stealing his own property where it has been seized and levied upon by an officer by virtue of an execution, if he takes it from the officer with the intention of charging the latter with the value of it.43 And if one takes property in good faith believing at the time it belongs to him he commits no offense.44

Or the taking of the property of another innocently by mistake is no wrong.45

It is not larceny for one who has the care and control of the property of his employer to take it in good faith to secure wages due him from his employer, although his employer may dispute the claim.46

The husband cannot commit larceny in appropriating the property of his wife, nor can she in appropriating his to her own use.47