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

Thompson (D) struck a victim's hand causing the victim to lose the money he was holding. At trial, it could not be established whether the money was merely lost in the dark or was taken by D. The judge instructed the jury that if it found from the evidence that the defendant, with a felonious intent, grabbed for the money, did not get it, but only knocked it from the owner's hand with a felonious intent, this would be a sufficient carrying away of the money although the defendant may never have had possession at any time. D was convicted of larceny. D appealed, claiming an error in the judge's instruction to the jury.

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