By Egil Fujikawa Nes, CC BY 2.0 Consider the Following Facts Smith and others entered a Wal-Mart store at about 3 A.M. by cutting through a steel door with an acetylene torch. They moved some merchandise in the store to the rear door, but the police arrived before any merchandise was taken out of the store. Discussion Questions Arrive at a response or statement (approximately one page in length) which answers these questions. If you were the prosecutor in this case, what crimes would you charge against Smith? Your answer must demonstrate knowledge of the law of each underlying crime based on your reading. If you were Smith's attorney what defenses would you raise based on these facts? If you were the judge, how would rule on these defenses and the guilt or innocence of Smith? Explain your answer fully with reference to the facts and the relevant law as contained in your course readings. The fact pattern is intentionally vague to allow you the opportunity to demonstrate the strengths and weaknesses of each side of the argument.

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