Summary of Regina v. Thurborn, Ct for Crown Cases Reserved 1848

Facts: Df found a bank note 5lb dropped on the road.  There was no mark, or indication who the owner was. The next day someone claimed to have dropped it.  The df changed the note and kept the change appropriating the value for himself.

Issue: Whether the original taking of the bank note found by the df was innocent?

Holding: yes

Procedure: Jury trial with judge directed verdict of guilt sentence reserved for further consideration.  Reversed.

Rule: If a man finds goods that have been actually lost and appropriates them with intent to take dominion over them, believing the owner cannot be found it is not larceny.

Ct. Rationale: The first taking did not amount to larceny b/c the note was really lost and there was no mark on it or circumstance to indicate the owner.  Although the possession afterward was accompanied by dishonest intent, it was still lawful possession, and not larceny.

PL A: The owner claimed the money after noticing the df of the loss.  The df kept the money with the intent to take dominion.

Df A: There was no mark on the note to suggest who the owner was, the individual could not prove it was his note.