Please read and understand the definitions for the crimes, below:

Embezzlement: The wrongful conversion of another's property by one who is lawfully in possession of the property

Larceny: Similar but not the same as embezzlement; with larceny, the person taking the property was NOT in lawful possession of the property

For both crimes, there has to be "intent to permanently deprive."

Now, the facts:

Question 1: Gabriella was a manager of a fast food restaurant. One of her duties was to gather all the money received during the preceding 24-hour period at 3:00 pm each weekday and deposit that money in the restaurant account at the bank. Gabriela was in financial difficulties but had practiced a method of playing casino blackjack which she felt would enable her to win consistently if only she had a stake to begin playing with. One Friday, instead of depositing the cash receipts for the day at the bank, Gabriella took the restaurant cash and drove across the state line to a city where gambling was legal. Gabriela played blackjack using her system for the entire weekend, pausing only to sleep, but on Sunday evening was only a few hundred dollars ahead of the amount with which she had started. Gabriela drove back to her home and the next morning deposited in the restaurant bank account an amount equal to the Friday restaurant receipts, plus an appropriate amount of interest.

- You work for the government, and your supervisor has asked you to write a paragraph or two supporting choosing to arrest Gabriela for either 1) larceny or 2) embezzlement, comparing the facts above to the definitions as described. You should include why you choose larceny or embezzlement, why you dismissed the one you did not choose, and how you addressed the issue of "intent to permanently deprive."

Question 2: Jim watched a liquor store furtively for some time, planning to hold it up. He bought a realistic-looking toy gun for the job. One night, just before the store's closing time, he drove to the store, opened the front door and entered. He reached in his pocket for the toy gun, but he became frightened and began to move back toward the front door. However, the shopkeeper had seen the butt of the gun. Fearing a hold up, the shopkeeper produced a gun from under the counter, pointed it at Jim, and yelled, "Stop!" Jim ran to the door and the toy gun fell from his pocket. The shopkeeper fired. The shot missed Jim but struck and killed a passerby outside the store.

A statute in the jurisdiction defines burglary as "breaking and entering any building or structure with the intent to commit a felony or to steal therein." On a charge of burglary, Jim's best defense would be that:

1. The intent required was not present
2. The liquor store was open to the public
3. He had a change of heart and withdrew before committing any crime inside the store

-You should provide your choice of defense strategy by showing how the strategy affects the application of the statute and also showing why the other two defenses are not as strong as the one you chose.