Tuesday, April 24, 2012

Cooper v Commonwealth case brief

Cooper v Commonwealth
Ct of App Kentucky 1901
-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.

Did D, in receipt of the money by mistake, possess the felonious intent of larceny?


-Jury trial conviction for grand larceny. Reversed.

-Where money comes into the hands of the accused lawfully, his subsequent felonious conversion would not be larceny.

-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.

No comments:

Post a Comment

Exploring Career Paths: What Can You Do with a Juris Doctor Degree?

Earning a Juris Doctor (JD) degree is a significant accomplishment, opening a wide array of career paths beyond the traditional legal practi...