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

Morgan (D) was employed as the manager of a Western Union Office. D was the only person who knew the combination to the company safe. A copy of the combination had been sent in a sealed envelope to the company, but it had never been opened. D had the only set of keys to the box inside the safe where the money was kept. The money box disappeared. D was indicted for grand larceny. At trial, the judge charged the jury that any money placed in the safe reverted to the control of Western Union. D was convicted and appealed; his crime was embezzlement and not grand larceny.

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