Term
| Jones works in a hardware store that sells lawnmowers. His personal lawnmower breaks and he decides to steal one from his employer. About 9:30am, he moves a nice mower from a display in the front of the store to the loading area at the back of the intending to later put it in his car. But it is discovered and he is prosecuted for larceny. What is his best possible defense? |
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Definition
| He did not exercise actual control over it and thus did not take it. |
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Term
| D takes his car to V's garage. V repairs it and D cannot pay his bill. V has a mechanic's lien on the car, which entitles V to keep it until D pays the repair bill. D neverthelss sneaks onto V's property at night and drives the car off. D is charged with larceny of the car. What result? |
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Definition
| Since V has a right to possession of the car superior to D's title, the car was property of V and D is guilty of larceny. |
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Term
| D plans to meet X at the mall but he misses the last bus from his neighborhood to the mall. He sees V's car parked with the keys in it. He gets in and drives off, intending to drive the car to the mall and simply leave it in the parking lot. As he approaches the mall, a truck runs a red light, hits the car, and totally demolishes it. D is charged with larceny of the car. What Result? |
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Definition
| Not guilty, because D did not take the car intending to use it in a manner creating a sufficient risk of permanent loss. |
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Term
| D took V's car, intending to use it in a robbery and then to abandon it in an isolated desert area where he had arranged to meet a getaway airplane. Again, before he drives any significant distance, a truck runs a red light and demolishes it. Again,he is charged with larceny. What result now? |
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Definition
| Guilty, because he took the car intending to use it in a manner creating a sufficient risk of permanent loss. |
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Term
| Reddal was repairing his kitchen and needed a taller ladder. He went next door to Knoll's house. knoll agreed to loan Reddal a ladder for the kitchen repair if REddal would return it that day and as soon as he finished with it. REddal agreed, took Knoll's ladder and used it. Finding it very useful, he then decided to keep it. He put it in his own basement and covered it with a tarp. He is charged with larceny of the ladder. What Result? |
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Definition
| Not guilty, because he did not have the intent to permanently deprive at the time when he took the ladder. |
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Term
| Suppose in the preceding situation that when Reddal went to Knoll's house, Knoll was not home. Reddal new Knoll kept a ladder in his basement and went in took the ladder. He intended to return it before Knoll returned. But when he found out how nice the ladder was, he decided to keep it. He then put it in his own basement. Reddal is charged with larceny. What result? |
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Definition
| Guilty, because he wrongfully took the ladder (but without intent to permanent deprive) and during that wrongful possession formed the intent to permanently deprive. |
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Term
| D arranges with V to care for D's dog while D is on a trip. D gives V an envelope with $500 in it for D to use in purchasing dog food. V finds herself at the market but without her wallet and takes $30 from the envelope to pay for her own groceries, intending to place $300 from her wallet into the envelope when she returns home. If she is charged with embezzlement, what result? |
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Definition
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Term
| K is a night watchman in an auto parts store. one night, he puts an inner tube into his lunchbox and takes it home intending to keep it. His son turns him in to the police. What crime has K most likely committed by taking the inner tube? |
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Definition
| Larceny because he had only custody of it and therefore took it from the possession of his employer. |
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Term
| Young lawyer, starting practice, goes to a store to purchase office furniture on credit. Although he has only one client, he assures the store manager that he will have a lucrative practice soon. Believing him, the manager extends him extensive credit and he purchases luxurious furniture using his credit. In fact, his practice fails and he does not make the payments. On these facts, he is charged with obtaining the furniture by false pretenses. What result? |
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Definition
| Not guilty, because he made no misrepresentation of present or past fact. |
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Term
| Suppose the prosecution proves that when he promised to pay for the furniture, he did not intend to do so. Now what result? |
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Definition
| Guilty, because he obtained the furntiure by misrepresenting his intention to keep his promise to pay for it. |
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Term
| D agrees with V to guide V on a hunting trip, if V makes payment in full before they leave. V and D agree on six monthly payments of $200 each. After V makes the second payment, D decides she will not guide V. But she accepts the remainder of the payments. D is charged with obtaining the last four payments $800 by false pretense. What result? |
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Definition
| Guilty because D's failure to correct V's misunderstanding was a misrepresentation, since D created the misunderstanding. |
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Term
| An undercover police officer takes a TV set to Fence's pawnshop and represents to Fence that he stole it. Fence accepts the TV and pays the officer $50 for it. Fence is charged with receivign stolen property. What result if (a) tv set actually belongs to the officer ans was never stolen by anybody? (B) tv set belongs to V from whom it was stolen by Y, but officers recovered it in a search of Y's apartment and the undercover officer was using it with V's permission |
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Definition
(a) Not guilty, because this TV set was not actually stolen property when Fence took possession of it.
(b) Not guilty, because this TV set was not actually stolen property when Fence took possession of it. |
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Term
| V is holding his wallet loosely in his hand. D approaches and grabs the wallet away without V realizing what is happening. V sees D slinking away and suddenly realizes his wallet his gone. He pursues D but D eludes V. Two hours later, V sees D and grabs her, but D manages to knock V unconscious and escapes to Rio. Later extradited, D is charged with robbery. What result? |
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Definition
| No robbery, but larceny and battery. |
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Term
| D decided to rob a convenience store and carefully practiced a threatening speech to give to the clerk concerning a gun he planned to carry. He walked into the store. The clerk, a nervous person, noticed D had one hand in his coat pocket. Before D could do or say anything, the clerk screamed "I know you've got a gun. Don't kill me. Take it all." He threw a bag of cash on the floor. D shook his head in disbelief, took the money, and left. D is charged with robbery. What result? |
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Definition
| Not guilty of robbery, because he did nothing that would have caused a reasonable person to fear imminent bodily injury from him. |
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Term
| D wants to kill V. She takes her pistol and goes to V's house at midnight and can see V sleeping in bed. The window is closed but unlocked. D slides the window open, and sticks the barrel of the pistol into the room. She looks at V and cannot bring herself to shoot, so he leaves. Apprehended on the way home, she is charged with burglarly. What result? |
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Definition
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Term
| V leaves his cheap camera on his car's frontn seat and walks away. It is high noon. D, seeing the car window open, decides to take the camera and sell it. He reaches in and picks up the camera. A cop sees this and arrests him. Succesful theft of the camera would be a misdemeanor. He is prosecuted under the following statute: It is the felony offense of burglary to enter the residence, building or vehicle of another without the permission of that person with intent to commit theft or any felony. What result? |
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Definition
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