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Criminal Law Keyed to Johnson
Commonwealth v. Ryan
Facts
Ryan (Defendant) was an employee at Sullivan’s liquor store. Sullivan hired two detectives to go to the store to buy something with marked money. When the detective paid for the purchase, Defendant put the money in the cash register, but did not register the sale. Minutes later, Defendant took the money. Defendant was charged with embezzlement. The judge instructed the jury that, if Defendant had the intention to steal the money before he put it in the drawer and only put it there for safekeeping for himself, his taking of it afterward was not larceny. Defendant presented exceptions to the instructions, asking for a ruling that he was not guilty of embezzlement, but rather, if anything, of only larceny. Defendant’s argument was based on the premise that after he put the money into the drawer, it was in Sullivan’s possession, and Defendant’s removal of it was a trespass and, therefore, larceny.
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