Rex v Banks
Ct for Crown Cases Reserved 1821
Author:- Sam Biers

Facts:   Df borrowed the horse to carry a child to a neighboring surgeon.  The day afterward he took the horse elsewhere and sold it.  The df was approached to sell the horse. 

Issue: Whether subsequent disposition of the horse without intent to convert at the time of possession constitutes horse stealing?

Holding: No

Procedure: Jury found him guilty without felonious intent. Reversed.

Rule: Delivery of a horse upon hire or loan, if such delivery were obtained bona fide, no subsequent conversion amounts to a felony.

Ct. Rationale: The df did not have felonious intentions when he originally took the horse, and his subsequent withholding and disposing of it did not constitute a new felonious taking.

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