Sapp v. State

THOMAS, J.:

Whether “a non trespassory breach of duty to return another’s property mistakenly received [can] constitute a larceny” is thought by counsel for appellant to be the substantial question presented in this appeal. The answer must depend on the precise attitude and intention of appellant at the time he received from a bank more than four thousand dollars — on a check he presented — instead of the amount of thirty-six dollars for which the check was drawn.

In order to comprehend clearly just what occurred and the true import of his actions, it is necessary for us to describe the check…