U.S. v Bowser
US Ct App 1976
Author:- Sam Biers

Facts: Df and two others, one a teller at abank, took money from the bank. Bowser drove the car while Farrelly handed a note to Held who gave him $5158.  After he left Held informed the manager that she had been robbed.  Upon questioning she revealed the involvment of all the parties, where she was threaten by Bowser.  Bowser had knowledge that Held was unfaithful to her husband.

Issue: Whether there was proof of larceny or embezzlement by the df ?

Holding: Larceny

Procedure: Df jury conviction for 3 cts of larceny.  Affirmed.

Rule:  Whoever takes or carries away with intent to steal any property or money exceeding $100 belonging to any bank shall be fined no more than $5000 or 10 years.

Ct. Rationale: Held was not representing the bank.  She was acting adversely to it by aiding in accomplishing a trespassory taking and carrying away of bank property.  The evidence establishes the requisite intent coupled with a trespassory taking sufficient to constitute larceny.

PL A:  Held was not acting as an agent of the bank, but as a co-df and helped take and carry away the property of the bank.

Df A: Held was an employee of the bank who willfully misapplied the money of the bank to the df.

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