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Grant Cooper (D1), Fred Cooper (D2), Thomas Harris (D3), and Sandy Waggener (D4) were paid $6 for shucking corn. D4 went into a bank to get $2 in change. The cashier handed him two half dollars and a roll of 20 nickels. The roll contained 20 $5 gold pieces. D discovered the error and kept the money. D was convicted of larceny and appealed.

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