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

Langford (D) applied for a $225,000 loan from Hibernia National Bank. D was rejected. D then opened a checking account with the bank. A clerical error on that account allowed unlimited overdrafts without charging D. After six months, the bank discovered that D had been overdrawn by $848,879.39. The bank demanded that D return the money and D only offered to execute a note to the bank. D had received notification of the overdrafts, but the bank threw away the reports before they were reviewed. D was convicted of theft, and he appealed. D claimed that there was a lack of evidence regarding a nonconsensual taking because the bank could have dishonored the checks and an overdraft was merely a loan to the customer.

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