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Rex v. Banks

Court for Crown Cases Reserved

168 Eng. Rep. 887 (1821)

Relevant factsFree

Banks (defendant) borrowed a horse to carry a child to a nearby doctor. Once that errand was finished, instead of returning the horse, Banks rode off in a different direction, and when a stranger offered to buy the horse, Banks sold it. He was tried and convicted of horse stealing (larceny) and appealed.

IssueFree

Whether it is larceny for a defendant to convert entrusted property to his own use when he had no felonious intent or trespass at the time he was first entrusted with the property.

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