People v. Walker

615 P.2d 57 (Colo. 1980)

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Nature of the Case

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Facts

Walker (D) approached a plainclothes policeman posing as a drunk in front of a store. D spoke to the man but obtained no answer. D took money from the officer's wallet and was subsequently arrested for larceny. At trial, D admitted to taking the money but stated that he believed the man was dead. D reasoned that he could not have had the intent to deprive another of his property because the dead have no property rights. D was convicted and appealed.