Where the owner of money or property delivers it to another by mistake and that person, knowing the mistake at the time he receives it, conceals the mistake intending at the time to appropriate it to his own use, he is guilty of larceny. Thus for example, when a bank by mistake handed the accused five hundred dollars more than his check called for, and the accused at the time he received the money formed the criminal intent to appropriate it to his own use, and did so appropriate it, he committed larceny.28

27 Johnson vs. People, 113 111., 103. Hughes, Cr. Law, Sec. 402.