If the bank deposited some money into my account by accident because of someone with the same name as me, can I take that money out???

Sure you can, but you are faced with a moral and ethical question (and therefore, you should not and notify the bank immediately). Then please consider that this error will most likely be discovered, and you will be held responsible for repaying the bank. So, come on and do the right thing.

Why would I be held responsible when it is the bank's error? I could just think that someone I know put it in there for me. Not my fault.

If you make a deposit and write the wrong amount on the deposit slip, the bank will correct it and send you an adjustment notice. They'll do pretty much the same thing here. They'll notify you that there was an error on this deposit and correct it by debiting it out of your account.

It's not your money period. You can either look really good now and or get hit later. I'm with Don on this. Come on, do the right thing.

The only way they will know there is an error is if the other guy with my name tells them. Then they will need his deposit slip. And if he lost the slip then the money is mine because the bank's deposit slip is my acct number. Unless the bank still has the original check. Do banks keep the checks?

I think you need to be aware that many banks film all transactions. The will be able to prove that the person who made the deposit is not you, and is indeed entitled to the funds.

In any circumstance if you knowingly take something that is not yours its called "THEFT" and you would be a THIEF

Banks image most everything - including taping individuals making the transactions.

What you are describing may also be called intentional theft, and if banks feel the illegally enriched party was aware of the circumstances in the transaction, many banks will prosecute.

Actually, he doesn't have his deposit slip, he would have a receipt of the deposit. The bank would keep the deposit slip, and when researching his request would realize the error. If you have withdrawn the funds, then the bank would come to you. If your account was closed, depending on the bank, they would either try to contact you, or pursue via the local authorities. There are numerous court cases with this error, and in each and every one the bank wins. Imagine if this was you, and the missing money was yours. Wouldn't you want the other person to do the right thing?

Bottom line, what do you think is the right thing to do?

There is a thing called undue enrichment. You can't take something that doesn't belong to you because someone else made a mistake. The mistake would be found and they would take the money back if it is there, or ask for it if it is not.

Simply by the fact that you asked, you know the answer to my original question.