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State v Kaufman
S. Ct. N. Dakota 1981
Author:- Sam Biers
Facts: Df claimed to have found some bundles of wire and returned them for money to a scrap yard. The bundles had been stolen previously from another scrap yard.
Issue: Whether property which is stolen and later abandoned can be claimed by df?
Holding: No
Procedure: Convicted of Theft sentence 6 mos. Affirmed.
Rule: Retains of disposes of property of another when he knows it has been lost or mislaid, with intent to deprive owner of it, he fails to take reasonable measures to restore property to the owner.
Ct. Rationale: Lost property when appropriated is unlawful. The df found the property believing it lost or mislaid, and did not take any measure to restore or discover the owner. He simply appropriated the property unlawfully.
PL A: Df knew that the property did not belong to him and that the value would imply someone would want it returned.
Df A: The df had no knowledge that the property belonged to another.