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Suppose A and B go to a restaurant with separate parties and arrive about 30 minutes apart. Both are 6'2 210 lb. males. It is
Suppose A and B go to a restaurant with separate parties and arrive about 30 minutes apart. Both are 6'2" 210 lb. males. It is winter and both are wearing the same size and style beige London Fog overcoats. There is a cloakroom and B hangs his overcoat on a hook near A's coat.
A leaves with his party and puts on B's overcoat and walks out of the restaurant. A gets charged with Larceny for stealing B's coat. The MR for Larceny is Intent to steal.
1) -Does A have a possible defense of Mistake of fact? Why/Why Not?
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