Kentucky Court of Appeals
60 S.W. 938 (1901)
Grant Cooper (defendant), Fred Cooper (defendant), Thomas Harris (defendant), and Sandy Waggener (defendant), (collectively Defendants), had shucked corn and were paid $6 for their services. To divide the money equally among them, they went to the bank to have $2 of the total changed into smaller denominations. Waggener went into the bank and asked for the change. The cashier handed Waggener two half dollars and a roll of coins which stated “there are 20 nickels” on the paper roll. Without unwrapping the coins, Waggener left the bank and the Defendants went to a secluded area far from the bank to divide the money. After opening the roll of coins, the Defendants learned that they were not given nickels, but 20 5-dollar gold coins instead. The money was divided among them and they were subsequently charged with grand larceny. At trial, the court refused to provide Defendants’ instruction to the jury, which said, that the Defendants had to have the intent, at the time Waggener received the roll of coins, to keep the excess amounts and to feloniously deprive the bank of its money. The Defendants were found guilty of grand larceny and they appealed.
Rule of Law
Holding and Reasoning (O’Rear, J.)
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