In the offense of false pretense the owner parts with the title as well as the possession of his goods, while in embezzlement the accused obtains the lawful possession of the goods but not the title thereto.120 Hence a written agreement providing that "the title, ownership and possession" of the property involved should not pass from the owner to the purchaser until the payment of a note in full, which had been executed by the latter in the transaction, cannot be made the basis of false pretense.121 In larceny the thief commits a trespass and gets the possession of the goods without the consent of the owner, and of course the title does not pass to the thief.

116 Jackson vs. People, 126 Ill., 139, 149; Keller vs. State, 51 Ind., 117; Hughes Cr. Law, Sec. 579; 1 McClain, Cr. L., Sec 666.

117 Hughes Cr. Law, Sec. 579; Underhill's Cr. Ev., Sec. 436.

118 Jones vs. State, 50 Ind., 473;

Wagoner vs. State, 90 Ind., 504.

118 1 McClain Cr. Law, Sec. 666.

120 Welsh vs. People, 17 Ill., 339; Stimson vs. People, 43 Ill., 398; State vs. Anderson, 47 Iowa, 142; Kellog vs. State, 26 Ohio St., 15; Hughes Cr. Law, Sec. 581.