People ex rel. Koons v. Elling, Sherrif
Supreme Court, Special Term, Ontario County, New York, 1948
Author: Fred

Facts: The defendant and his partners stole money from the Moose Club by drilling a small hole in a slot machine, through which a wire was inserted, tripping the mechanism, and allowing the money to come out. The defendant plead guilty to the crime of petit larceny. However, on appeal, the defendant sought to rescind his plea, claiming that he could not be guilty if the crime did not exist. The defendant reasoned that the money in an unlawful slot machine could not be the subject of larceny.

Issue: Whether money in an unlawful slot machine may be the subject of larceny?

Rule: People v. Otis A defendant was indicted for stealing whiskey, which was unlawfully possessed under the provisions of the National Prohibition Act.

Holding: Money in an unlawful slot machine may be the subject of larceny. Conviction Affirmed