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

Bowser (D), Farrelly, and Held conspired to take money from the bank where Held worked as a teller. They planned to fake a robbery. While D waited in a getaway car, Farrelly entered the bank, handed Held a threatening note, and Held gave him the bank's money. D was convicted of larceny. D appealed: he was guilty of embezzlement because Held was in lawful possession of the money and handed it over voluntarily.

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