Brief Fact Summary. The Appellant, Mafnas (Appellant), was convicted in the United States District Court of Guam of stealing money from two federally insured banks in violation of 18 U.S.C. Section: 2113(b), which makes it a crime to take with intent to steal any money belonging to any bank.
Synopsis of Rule of Law. 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 instructions 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.
Issue. Can the the Appellant’s conviction on the charge of larceny in the District Court stand?
Held. The conviction is affirmed. The Appellant was merely given temporary custody over the bags, to deliver those bags to their final destinations. The Appellant’s decision to later take the money from the bags constitutes larceny because it was outside the consent given by the true owner, who retained constructive possession until the Appellant’s task was to be completed.
A bailment relationship is said to arise where an owner, while retaining title, delivers personalty to another for some particular purpose upon an express or implied contract.View Full Point of Law