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Cooper v Commonwealth
Ct of App Kentucky 1901
Author:- Sam Biers

Facts: Dfs were paid $6 for their services shucking corn.  In order to divide the earnings one df went into the bank for a roll of change.  The bank gave df, by mistake, a roll of 25 gold coins, believing them to be nickels.

Issue: Whether df in receipt of the money by mistake possessed the felonious intent of larceny?

Holding: No

Procedure: 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.

Ct. Rationale: The df did not know at the time of conversion that a mistake had occurred.  Df lacked the intent to steal at that point.  The df did not receive the money under a mutual mistake as the jury was instructed.

PL A: The df knew the gold coins were not theirs to keep.  The intended to deprive the owner of the property.

Df A: When df received the money df thought the money received was not as it turn out.

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