Question
Groucho kept a small printing press in one room of his home. He used the printing press to help him in his business. Harpo was
Groucho kept a small printing press in one room of his home. He used the printing press to help him in his business. Harpo was a classmate of Groucho's son Chico. He had been in Groucho's home on many occasions to visit Chico and had seen the printing press. Harpo decided to print a one-page newsletter critical of the local school board's policies and distribute it around town. On an evening when he knew Groucho and his family were not at home, Harpo broke into Groucho's home intending to use the printing press to print his newsletter. He believed that the unauthorized use of the printing press constituted a crime, but he was mistaken in this belief. Groucho and his family returned home while Harpo was still in the house. He was arrested and charged with burglary. The jurisdiction follows the common law definition of burglary. Harpo should be found:
Guilty, because his mistake was one of law, not of fact.
Guilty, because he broke and entered Groucho's home believing he was going to
commit a crime.
Not guilty, because even if he had been successful no burglary would have occurred.
Not guilty, because there was no dangerous proximity to success.
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