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Keogh and Ashwell (D) met in a public house and D asked to borrow a shilling and that he would repay Keogh tomorrow. Keogh gave him what he believed to be a shilling, but it was a sovereign, and handed it to D. D obtained change for the sovereign that night from another public house. Keogh went to D's house, and D denied having received the sovereign but eventually admitted that he spent it. D was found guilty and appealed disputing the jury instruction in that D discovered the mistake but would be guilty of larceny because he fraudulently appropriated it to his own use.

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