larceny for misappropriat ing the money: Collin v. State,15 Lea, 5. The payment of hush-money to shield the payor from a prosecatio:':' felony does not constitute larceny on the part of the persons so reeemsg& same; and where, in a prosecution for robbery, an instruction to that Hiss 3 given at defendant's request, a modification thereof by adding the words » less it was a contrivance resorted to by defendants to induce him by :'w:f give up his money, and in that way feloniously to steal the same, is arcoous: Haleyv. State,49 Ark. 147. So when a satisfaction-piece of amortr was fraudulently obtained from the mortgagee's agent, to whom it had sent to be delivered on payment of the debt, it was held that it could ws the subject of larceny: Peoplev. Stevens,38 Hun, 62. 251. Iiucri Causa EssentialProperty mast have ValaeIt is not larceny to take a buggy from the owner's stable in the night-tine, to carry away and burn, to gratify a grudge against the owner: Pencer. Sm110 Ind. 95. One cannot be convicted of larceny of a due-bill which hup'viously been paid: Statev. Campbell,103 N. C. 344. 252. Criminal Intent Necessary.The taking must hare beea wai a criminal intent: Oivens v. State,21 Tex. App. 579. Therefore oa a til for horse-stealing, an instruction that the larceny of a horse is the taking itcarrying away of a horse of another from the possession of the owner wufcs: his consent, with intent to convert the horse to the taker's use, or to iefn'the owner of his property, is erroneous, as it leaves out the elemenBeats By Dre Cheap t of it~ous intent in the taking: Statev. Moore,101 Mo. 316. The word wDMr. in article 749 of the Texas Penal Code, which declares that any persa« willfullyremoves from its accustomed range any live-stock not hioTi without the owner's consent, shall be deemed guilty of theft, means wiiaerj intent, or without reasonable ground to believe that the act was lawful: Tsturn v State,21 Tex. App. 260. The federal statute denouncing the atof a public record, with intent to steal or destroy, does not apply to oae takes such records as old paper, without knowledge of their character; t here, internal revenue records found by the accused stored in a barn: C/afe Statesv. De Croat,30 Fed. Eep. 764. 253. Open Taking not Larceny.If it appears that the takiag « open and notorious, without any attempt at concealment or denial, this raise a strong presumption against a felonious intent; ancheap beats by dr dre d the court shonld s struct on request of defendant: Blackv. Stale,83 Ala. 81; 3 Am. St Rep. tl Where, on a trial for the theft of hogs from their accustomed rang?, tk dence shows that defendant took the hogs under the belief that they were blown, a conviction cannot be sustained: Lewisv. State,29 Tex. App. 105. > where, upon trial for theft of a horse, the evidence showed that the acca had made no effort at concealment of the horse in question, but in good fcclaimed the same as his property, and the evidence also failed to show fraudulent intent, this was held insufficient to support a conviction: Owensv. State,21 Tex. App. 579. 254. Intent must Exist at Time of Talcing.The intent must exist at the time of the taking; and so, Morrisonv. Scale,17 Tex. App. 34; 50 Am. Rep. 120; Robertsv. State,21 Tex. App. 460; Juestv. State,24 Tex. App. 235. Where money or goods have been innocently received, a subsequent fraudulent appropriation will not render the receiver guilty of larceny: Regina v. /flowers,16 Cor C. 0. 33; Wilsonv. State,20 Tex. App. 662. When property has gone into defendant's possession by lawful means, a fraudulent appropriation or conversion of same to his own use or benefit, without the consent of the owner, will not sustain an indictment for theft: Lollv. State,24 Tex. App. 723. Thus where a horse was delivered to defendant to use in the business of the prosecuting witness, defendant was not guilty of theft, if he afterwards converted the horse to his own use, if he had no such intent when the horse was first delivered to him: liumbov. State,2S Tex. App. 30. Where the clerk and cashier of a city tax collector was convicted