Re: Criminal Law Question

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On 10/01/07, Ozarks Lawyer wrote:
>
> 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?

FYI, this is a law student forum in criminal law

It doesn't sound like you know much about the law anyway. I don't
think you can help me. I don't think I want or need your help