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?
-Where money comes into the hands of the accused lawfully, his subsequent felonious conversion would not be larceny.
Plaintiff Argues: The D knew the gold coins were not theirs to keep. The intended to deprive the owner of the property.