State v. Jones
North Carolina Supreme Court
800 S.E.2d 54 (2017)
Relevant factsFree
Truck driver Keyshawn Jones (defendant) asked his employer's payroll processor for a $1,200 payment, but the processor mistakenly typed $120,000, depositing $118,729.49 into Jones's account. The company caught the error the next morning, told Jones not to withdraw the money, and tried to reverse the deposit -- but by then Jones had already withdrawn nearly all of it. A jury convicted Jones of larceny; the appellate court reversed, reasoning there was no trespassory taking. The state supreme court took up the case.
IssueFree
Whether an act that deprives the rightful owner of possession of property already in the actor's custody is a taking sufficient for larceny.