This section contains the nature of the case and procedural background.

D was employed by Sullivan to sell liquor for him in his store. Sullivan sent two detectives to the store, with marked money of Sullivan's, to make a feigned purchase from D. D dropped the money into the money drawer of a cash register, which happened to be open in connection with another sale. D did not register this sale, as was customary, and afterward -- it would seem within a minute or two -- he took the money from the drawer. The question presented is whether it appears, as matter of law, that the defendant was not guilty of embezzlement, but was guilty of larceny, if of anything. D asked rulings to that effect on two grounds: first, that after the money was put into the drawer it was in Sullivan's possession, and therefore the removal of it was a trespass and larceny; and secondly, that Sullivan's ownership of the money, in some way not fully explained, prevented the offense from being embezzlement. D was convicted of embezzlement and appealed.

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