Re: Criminal Law Question

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On 9/30/07, Res Ipsa Loquitur wrote:
> Law Student
>
> The logic:
> Larceny is the Taking and CARRYING away of property belonging to
> another.
>
> Did Dry cleaners have any property right in Party dress. YES
> The work Wrought in the dress (cleaning) would give claim to
> some value to the dress (lien if not paid ect)
>
> Jill by "Dishonestly" Appropriates the dress with out consent
> from other owner of the dress ie Dry cleaner. The other charge
> is Theft and Burglary. Burglary is the breaking and entering as
> trespasser to a dwelling (now a building or part of a building)
> with intent to steal. the dress hanging on the rack if not area
> for customers bingo =Trespass. Intent to steal might not be
> made out under mens rea for Jill. Thats my 2 cents worth...
>
> Res Ipsa Loquitur
>
>
> On 9/30/07, law student wrote:
>> On 9/27/07, Ozarks Lawyer wrote:
>>> As a practical matter, Jill, it would be cheaper to return to
>>> the dry cleaners and settle up rather than pay an attorney to
>>> get you out of trouble.
>>>
>>>
>>>
>>>
>>> On 9/24/07, Law Student wrote:
>>>> Jill takes her party dress to a dry cleaners. Returning to
>>>> pick it up, she notices it hanging unattended. Jill takes
>>>> her dress without paying. Is Jill guilty of larceny? Did
>>>> the dry cleaners have custody or possession of the dress?
>>>> What is Jill guilty of if not larceny?
>>
>> Yes, I agree with you as a practical matter, however this has
>> nothing to do with practicality, it's for a law exam.
>>
>> Does anyone know the answer to this question?

Since Jill is the owner of the dress, can she steal her own dress?
I don't think there was larceny here. The dry cleaners only had
custody of the dress since Jill can technically demand the dress
at any time.

Burglary is the "breaking & entering of the dwelling of another
during nighttime with the intent to commit larceny or felony
therein." I don't think the breaking portion of the definition was
met here since there was no opening, turning, lifting, however
slight. Also the dry cleaners is not a dwelling since people do
not usually sleep there. So no burglary.

Could this be tresspass to chattels? a torious offense?