Question
Assume your firm represents Carl Clay. He has been charged with burglary. Briefly the facts are as follows: Last Friday Carl was watching As the
Assume your firm represents Carl Clay. He has been charged with burglary. Briefly the facts are as follows: Last Friday Carl was watching As the Word Turns, his favorite soap opera, when suddenly the TV screen went blank. Nothing he could do would cause it to work. Unfortunately Carl did not have enough money to buy a new TV. He decided to help himself to someone else's. He drove to the nearby Sleep Well Motel because he knew that the owners had recently purchased new flat screen TVs. When he got to the motel around 5:00 p.m., he waited in his car until he saw a lady leave her room, ice bucket in hand. She had left the door to her room slightly ajar. Carl quickly ran to the door, opened it, and saw the TV. He went over to the TV, unplugged it, and picked it up. He was about to leave when the woman unexpectedly returned. Knowing karate, she felled him on the spot and then called the office manager, who, in turn, called the police. The TV, which was purchased for $600 and had a resale price of approximately $400, was returned to its rightful place in the room. Carl has been charged with violating the following statutes:General Laws ch. 228, 1 Burglary is defined as the breaking and entering of a dwelling at nighttime with the intent to commit a felony therein.General Laws ch. 228, 2 Theft of personal property over the value of $500 is a felony. Theft of personal property of a value less than $500 is a misdemeanor.
Apply the principleswhat are theIRAC's analysis of his problem?
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