GUILTY or NOT?

GUILTY or NOT? / Case library / Robbery, Theft & Property Crime

Finders Keepers?

Brooks v. State (1878)

Charge: Larceny of lost property Jurisdiction: Ohio Heard on GUILTY or NOT?: 5 November 2026

Whether a laborer who pocketed a roll of banknotes he found in the street, telling no one and spending part of it, stole from the man who lost it.

The facts

The complaining witness dropped a roll of bank bills -- about two hundred dollars -- on a public street in Warren, Ohio, and walked away without noticing his loss. Roughly a month later the Defendant, a laborer working on that street, found the money and put it in his pocket. He said nothing to the men working beside him and made no effort to find the owner; instead he quickly spent part of it. The owner had in the meantime advertised the loss, though there was no proof the Defendant had seen any of the notices. The Prosecution charged the Defendant with larceny, arguing that when he picked the money up he had every reason to know it belonged to someone who could be found, yet he pocketed and concealed it meaning to keep it for himself. The Defense argued that money lying lost in the street belongs to whoever finds it, and that a person cannot steal what has already been lost by another.

You have the facts the court had. Did the prosecution prove it? Render your verdict in the game, then see what the court actually decided — and why.

Citation: Brooks v. State, 35 Ohio St. 46 (1878)

Read the full decision at quimbee.com. The source reveals the outcome.