Question
Here is the fact pattern and three questions for the written portion of the exam. Over a few week period, Alan noticed a nice-looking, vintage
Here is the fact pattern and three questions for the written portion of the exam.
Over a few week period, Alan noticed a nice-looking, vintage skateboard in a garage he walked by on his way to the bus each morning. Alan also noticed that a man was often outside the garage working on a car. Alan knew the skateboard was worth a lot of money, and he figured he could sell it at a local pawn shop - a place that purchased and sold used goods.
One Monday, October 15, Alan walked by the house planning to take the skateboard while the man was distracted working on the car. Alan was careful to approach the house quietly so as not to attract the attention of the man. As Alan reached down to pick up the skateboard, a dog barked. This startled Alan. The man working on the car came around to see what was happening. Alan quickly made up a story, saying that he was introducing himself to his neighbors to talk to them about a new park in the neighborhood. The man working on his car introduced himself as Mark and said that he was not interested in learning about the park. Alan left, without the skateboard.
Over the next five days Alan noticed that the mail carrier, Sam, always stopped to talk to Mark when delivering the mail. The two talked for several minutes each time. Alan believed that if he timed it correctly, he could use Sam to distract Mark while Alan took the skateboard.
The plan worked. On October 22, Alan grabbed the skateboard while Mark was distracted talking to Sam, the mail carrier.
Alan went home and put the skateboard in his garage, planning to take it to the pawnshop that weekend. Alan believed that when the skateboard's owner realized it was missing, he'd check the pawn shop. Thus, Alan thought Mark might get the skateboard back, but by that point Alan would already have the money.
Answer the following three questions. Your answers should identify the appropriate rule or criminal law and apply the facts to that law. A complete answer for each question should require no more than three paragraphs.
1. Did Alan commit attempted larceny on October 15? 2. Did Alan commit larceny on October 22? 3. Regardless of your response to Question Two, if we assume Alan committed larceny on October 22, was Sam Alan's accomplice in the larceny?
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