This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
One charged with larceny may show in defense that the property taken by him was his own, and that it was unlawfully withheld from his possession; or that he, in good faith, believed the property was his.10 So, a person owning property jointly with others, cannot be guilty of stealing it in appropriating it to his own use, although without the knowledge or consent of the others, unless the person from whom it was taken was entitled to the exclusive possession of it.11 The same principle, of course, applies to embezzlement. No one can be guilty of stealing or embezzling that which belongs to him or in which he has an interest as partner and of which he is legally entitled to the possession.12
 
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