Morgan v. Commonwealth
Kentucky Court of Appeals
47 S.W.2d 543 (1932)
Morgan (defendant), the manager of a Western Union office, was given the safe combination and keys to a portable steel vault stored inside the safe, where daily receipts were kept; when the safe was found open one morning and the steel vault (containing about $90) missing, it was later found near Morgan's home, and he was indicted for grand larceny. Morgan sought a peremptory instruction that, at most, he could only be guilty of embezzlement, not larceny; he was convicted of larceny and appealed.
Whether embezzlement is the wrongful appropriation or conversion of property lawfully entrusted to an individual or with the consent of the owner, whereas larceny is the illegal taking or trespass of the property of another.