Rex v Sullens
Ct. for Crown Cases Reserved, 1826
Author:- Sam Biers

Facts: Df’s master gave him a 5 lb note to get change.  After getting the change df never returned.

Issue: Whether df’s conviction should have been for embezzlement rather than larceny?

Holding: Embezzlement.

Procedure: Jury trial conviction for larceny.  Reversed.

Rule: Taking the property of another to deprive is larceny.

Ct. Rationale: The master never had possession of the change.  Therefore df could not have taken the possession of property that was not rightfully the df’s.

PL A: The def took the property of another to deprive .

Df A: The master of df gave him the money.

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