1. In which of the following fact situations is defendant Smith most likely to be found guilty of the crime of larceny?
(A) Smith, with the intent to steal Bob's Chinese vase, travels to Bob's house and, finding the front door unlocked, enters Bob's living room where Smith knows Bob keeps the Chinese vase. Unbeknownst to Smith, Bob had taken the vase to Martha's gallery for a ten day Rare Chinese Art Exhibit. Smith sits down in Bob's living room and watches a 30 minute television program and then quietly leaves Bob's house.
(B) Smith a grocery clerk at checkstand five of Carl's Supermarket was on duty on Saturday, May 15. Smith had been experiencing hard times lately because his wife had divorced him and he was trying to make payments on his house and car and also keep up with his child support obligations. Gertrude, a customer at Carl's Supermarket, purchased various items amounting to the total of seventeen dollars and sixty-five cents. Gertrude gave Smith a twenty-dollar bill for the groceries. Smith placed the twenty-dollar bill on top of the register and then returned two dollars and thirty-five cents to Gertrude. Before Smith turned to put the twenty-dollar bill into the cash register he decided that he needed the cash for himself. Smith surreptitiously pocketed the twenty in his pants pocket. Smith took the twenty home with him that day.
(C) Smith, with the intent to steal Barbara's new mink coat, travels to Barbara's house and enters through a side window after breaking it. Unfortunately, Barbara had decided to wear her mink coat to the ball that evening. After Smith saw that the mink coat was not there he remembered that Barbara said something about going out that evening. Smith decided to wait until Barbara returned home so he could then overpower her and take the coat from her. Smith went to the kitchen, prepared a sandwich, ate it, played cards, and awaited Barbara's return. By 11:30 p.m. Smith, tired of waiting for Barbara, decided to leave. He left through the open broken window.
(D) Smith, with the intent to steal, always had his eye on Herb's 1990 Pontiac Grand Prix. Several weeks went by and then one day Herb decided that maybe before he actually stole Herb's car it might be better if he knew exactly what the car was like. Smith believed that it would be a waste of time to steal a car that could not handle nicely around curves in the road, or that could not go at least 70 m.p.h. on the highway. With that, Smith asked Herb if he could borrow Herb's Pontiac. Herb, without hesitation, agreed, but added, "Please have it back by 12:00 midnight because I worry about my new car." Smith said, "No problem." Smith took the car but kept it out all night and did not return it until 9:30 a.m. the next morning.
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-Ziggy Stardust 15:45 EST |