Crimes -1, 3, 4 and 10

1. Bernard Flinn operated a business known as Harvey Investment Co., Inc./High-Risk Loans. Flinn worked as a loan broker, matching those who came to him with lenders willing to loan them money given the amount and credit history. From 1982 through 1985, Flinn found loans for five people. Indiana requires that persons engaged in the business of brokering loans obtain a license from the state. Flinn was prosecuted for brokering loans without having a license. He raised the defense that he did not know that a license was required and that, accordingly, he lacked the criminal intent to broker loans without having a license. Does Flinn have a good defense?

3. Baker and others entered a Wal-Mart store shortly after 3:00 A.M. by cutting through the metal door with an acetylene torch. Some of the merchandise in the store was moved to the rear door, but the police arrived before the merchandise could be taken from the store. Baker was prosecuted for larceny. He raised the defense that he was not guilty of larceny; there had not been any taking of the merchandise because it had never left the store. Is there enough intent and action for a crime?

4. Gail drove her automobile after having had dinner and several drinks. She fell asleep at the wheel and ran over and killed a pedestrian. Prosecuted for manslaughter, she raised the defense that she did not intend to hurt anyone and because of the drinks did not know what she was doing. Was this a valid defense?

10. Jennings operated a courier service to collect and deliver money. The contract with his customers allowed Jennings a day or so to deliver the money that had been collected. Instead of holding collections until delivered, Jennings made short-term investments with the money. He always made deliveries to the customers on time, but because he kept the profit from the investments for himself, Jennings was prosecuted for embezzlement. Was he guilty?