Cooper v Commonwealth
Ct of App Kentucky 1901
Ct of App Kentucky 1901
FACTS
-Ds were paid $6 for their services shucking corn. In order to divide the earnings one D went into the bank for a roll of change.
-The bank gave D, by mistake, a roll of 25 gold coins, believing them to be nickels.
-Ds were paid $6 for their services shucking corn. In order to divide the earnings one D went into the bank for a roll of change.
-The bank gave D, by mistake, a roll of 25 gold coins, believing them to be nickels.
ISSUE
Did D, in receipt of the money by mistake, possess the felonious intent of larceny?
HOLDING
No
PROCEDURAL HISTORY
-Jury trial conviction for grand larceny. Reversed.
RULE
-Where money comes into the hands of the accused lawfully, his subsequent felonious conversion would not be larceny.
ANALYSIS
-D did not know at the time of conversion that a mistake had occurred. D lacked the intent to steal at that point. The D did not receive the money under a mutual mistake as the jury was instructed.
Plaintiff Argues: The D knew the gold coins were not theirs to keep. The intended to deprive the owner of the property.
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