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STATE v. HERNANDEZ

No. 2 CA-CR 1488.

121 Ariz. 544 (1979)

592 P.2d 378

The STATE of Arizona, Appellee, v. Walter Dean HERNANDEZ, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 28, 1979.

Review Denied March 20, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

John M. Neis, Pima County Public Defender by Michael P. Roca, Asst. Public Defender, Tucson, for appellant.

OPINION

HOWARD, Judge.

Can a dog be the subject of larceny? Appellant concedes that if the answer is affirmative, his conviction for receiving stolen property was proper. We hold that a dog can be the subject of a larceny and affirm.

A dog was not the subject of larceny at common law. Sentell v. New Orleans & C.R. Co., 166 U.S. 698, 17 S.Ct. 693, 41 L.Ed. 1169 (1897). We believe, however, that Arizona, through...

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