D was an employee of an armored car service. Several banks hired the service to deliver money.
D stole money on three occasions from the bags in the armored car he was driving.
D was charged with three counts of stealing money from a bank, a federal offense.
D argued that since he was a bailee of the money, he had legal possession of the bags of money in the truck.
Procedural History:
Trial court found D guilty.
9th Cir COA affirmed, D guilty.
Issues:
If a person receives property with instructions to deliver it to its owner, does that person have legal possession over the property?
Holding/Rule:
A person who receives property with instructions to deliver it to its owner does not have legal possession over the property; he merely has custody.
Reasoning:
D was given temporary custody of the bags of money.
D's decision to take money from the bags was inconsistent with the consent of the owner, who retained constructive possession over the money. Thus, D is guilty of larceny.
Under the common law, a bailee is guilty of larceny if he breaks open the parcel in his care and takes some of it.
This kind of taking is trespassory since it steals something in the constructive possession of another.
