Larceny cannot be committed unless the property was taken from the possession of the owner, either actual or constructive, for the reason that trespass is essential to larceny and there can be no trespass in taking property which is not in possession of the owner, either actual or constructive.17

If the owner has physical possession of the property, such as goods in his house or grain in his bin, then he has actual possession. And although the owner may not have physical possession he may have constructive possession. For example a horse on its accustomed range is in the possession of the owner; or where property is put in some particular place and forgotten by the owner, he has the constructive possession of it.18

13 State vs. Humphrey, 32 Vt., 569; Coldwell vs. State, 59 Tenn., 429; Hughes Cr. Law, Sec. 392 393.

14 McMMen vs. State, 53 Ala., 531; Mason vs. State, 32 Ark., 238; People vs. Raschke, 73 Cal., 378; Phelps vs. People, 55 111., 334; Hughes Cr. Law, Sec. 380.

15 State vs. Wood, 46 Iowa, 116;

State vs.Cunningham, 32 Conn., 260. 16 State vs. Stone, 68 Mo., 101;

State vs. Combs, 55 Me., 477. 17 Rex vs. Hart, C. C. & P., 106;

Castello vs. State, 36 Tex., 324;

State vs. Donovan, 121 Mo., 496. 18 Huffman vs. State, 28 Tex. App., 174; Pritchett vs. State, 2