Re: Criminal Law Question

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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?