Morgan (defendant) was the manager of the Irving, Kentucky office of The Western Union Telegraph Company. At the time of his appointment as manager, Morgan was given the combination to the office safe. Another copy of the combination was sealed in an envelope and sent to the main office in Nashville, Tennessee, but was never opened. Morgan was also provided keys to a small portable steel vault or box that was stored inside the safe. The monies that were received during each day were then placed inside the steel vault which then went inside the safe and locked each day. One morning, the safe was found open, and the steel vault containing about $90 was missing. The steel vault was later found near Morgan’s home. Morgan was indicted on a charge of grand larceny. At trial, Morgan made a motion for a preemptory instruction that he could not be found guilty of larceny and if any charge was applicable, it was embezzlement. After he was convicted, Morgan appealed.