United States v. Mafnas

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United States v. Mafnas, 701 F.2d 83 (1983)

Mafnas ("Defendant") was employed by the Guam Armored Car Service, which was hired by the Bank of Hawaii and the Bank of America to deliver bags of money. On three occasions, Defendant opened the bags and removed money. As a result he was convicted of three counts of larceny. Defendant argued that his taking was embezzlement rather than larceny as he had lawful possession of the bags, with the consent of the banks, when he took the money.

The court rejected Defendant's argument and affired his conviction for larceny. According to the court, the Defendant did not have the possession of the bags, but he only had the custody. Ordinarily, if a person receives property for a limited or temporary purpose, he is only acquiring custody. Thus, if a person receives property from the owner with the instruction to deliver it to the owner’s house, he is only acquiring custody; therefore, his subsequent decision to keep the property for himself would constitute larceny.

Defendant further argueed that he was the bailee and thus he required possession of the money bags. But rule has been settled that the bailee-career is given possession of a bale, but not its contents. So if the bailee steals the whole bale, he is not guilty of larceny. But if he breaks into the bale and steals its contents, he has committed trespass and is guilty of larceny.