Re: Criminal Law Question

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I'm not going to do your homework or exams for you.

On 10/01/07, law student wrote:
> 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?