Re: Criminal Law Question

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Law student

You are at the point of knowing just enought to be dangerous.

At Common law Burglary must have been commited at night and a dwelling.
HOWEVER in nearly all jurisdictions have passed statues to allow justice
to be commited by allowing anytime and a "building"

You are not only looking title ownership and even going under the
assumption of Bailment theory ie having legal title but no propriety
title. If the cleaner took the possession under bailment yes you are
correct. But he wrought work in the dress and now has claim to it.
Such as a lien for service or mechanics lien. Look up "Stumpage fee"

Case: a man found wood along the road. He used it to make furinture.
Can the owner of the wood grab the furinture? It his wood!
Held: It is his wood but must pay for Work wrought in by furniture maker.

Here is Emanuels criminal law page 309
Most states abanon breaking requirement: Most American jurisdiction no
longer require breaking for burglary. Insted, there is typically a
requiremnt tha D's presence on the property be unlawful

Entry There must also be, under the commo law view an entery foolowing
the brteaking. However, it is sufficent that 'any part' of the
defendant anatomy entered the struture...

I disagree with you on your point Jill can demand the dress at anytime.
She can not demand to have the dress after hours. She can not direct a
cop to break the window of the locked shop to get her dress.

Yes, a person can steal his own property! I know it sounds strange but
property rights are in many forms. An owner who enters an area where the
public is not allowed and takes his own car from a mechanic who has put
labor INTO the car is burglary. The mechanic takes part property
ownership. Who owns a mortgaged house? The bank or the owner? At the
forclosure sale there will be creditors lining up for their share of the
house.

I also see a mistake I did as a 1L. I cam trying to place logic and a
sence of justice only into the question. Their is no correct answers.
Remember all law answers must first begin with the words "it all
depends". .....if the area was off limits this would be trespass then
again if the area was no off limits no trespass then no burglary ect...

Res Ispa Loquitur

>>> 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?