United States v. Bertha Ann Sellers

Sellers appeals her conviction for bank larceny, 18 U.S.C. § 2113 (b), arguing the evidence was insufficient to prove the bank possessed the check she allegedly stole.

Sellers entered the Placer Savings and Loan Association, placed a check on the counter, endorsed it, and told the teller she wanted to cash it. The teller picked up the check, turned it over, and placed it on the counter to record information from the face of the check on a deposit slip. The teller entered the transaction in the bank’s computer and handed $2,000 cash to Sellers. Sellers picked up her passbook and other papers and left. The next day Sellers deposited the same check in another bank.

Section 2113(b) defines the common law offense of larceny, to the exclusion of the crime of taking by false pretenses. Bennett v. United States, 399 F.2d 740, 742-43 (9th Cir. 1968); LeMasters v. United States, 378 F.2d 262, 266-67 (9th Cir. 1967). Common law larceny requires a taking of property from the possession of another without his consent and with the intent permanently to deprive him of possession. Bennett, 399 F.2d at 743 ; People v. Earle, 222 Cal.App.2d 476, 478 , 35 Cal.Rptr. 265 (1963). See W. LaFave & A.…