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Cooper v. Commonwealth

Kentucky Court of Appeals

60 S.W. 938 (1901)

Relevant factsFree

Four men (defendants) who had shucked corn went to a bank to have $2 exchanged for smaller denominations; the teller mistakenly handed over a roll labeled '20 nickels' that actually contained twenty $5 gold coins, and the men, without opening the roll at the bank, later discovered and divided the windfall among themselves in a secluded area. They were convicted of grand larceny after the trial court refused their requested instruction that conviction required proof they intended, at the time of receiving the coins, to feloniously keep any overpayment.

IssueFree

Whether, to constitute larceny in receiving an overpayment by mistake in Kentucky, a defendant must know at the time of the overpayment and must have felonious intent to steal any overpayment.

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