1) Provide the elements from the Burglary statute in your state. Note: you may need to access your state?s Standard Jury Instructions2) Tim drove his car into a gas station and told the attendant to fill it up with unleaded gasoline. The attendant proceeded to pump 10 gallons of gas into Tim?s tank. When he approached Tim for payment, Tim drove off shouting, Thanks for the freebie, Sucker!Tim is guilty of which of the followingA) larcenyB) larceny by trickC) false pretensesD) embezzlementExplain your answer.3) Larry Norton was charged with felony murder as a result of his setting fire to Linda Crabtree?s home. Linda was upstairs sleeping when the fire was set and she died in her bed during the fire. If Larry can prove the facts to support his defense, which of the following would least likely remove liability for felony murder?A) Larry did not intend to kill LindaB) Larry was insane when he set the fireC) Larry was coerced by someone else to set the fireD) Linda died of a heart attack before the fire spread to her bedroomExplain your answer.4) Rich and Sam were told by their friend, Hank, that ABC Wholesalers was now utilizing the XYZ Warehouse to store a large overstock of new appliances. Late one night Rich and Sam broke into the warehouse and proceeded to load the merchandise onto their truck. As they were leaving, Sam noticed that the lit cigarette he had inadvertently thrown onto a pile of boxes had ignited the cardboard. Sam had time to put the fire out, without placing himself in danger, but instead climbed into the truck with Rich and sped away. The fire proceeded to burn down the entire warehouse. At Common Law, Sam and Rich would likely be found guilty of A) burglary and arsonB) larcenyC) larceny and arsonD) burglary, larceny and arsonExplain your answer.5) John, Mary, Joseph and Mark were all co-owners of the home in which they resided. Because their yard was too small for a pool, they decided to burn down the neighbor?s house, in the hopes that they could later purchase the vacant lot for a cheap price, thus increasing the size of their yard.Mark was given $25 from the others and sent to the store to pick up gas cans and gasoline with which to start the fire. On the way, he stopped at a bar and proceeded to get drunk with the money he received from his housemates. Afraid of once again returning home with neither the money entrusted to him nor the items he was supposed to purchase, Mark borrowed a gas can from another patron at the bar. He then filled the gas can at a local gas station and ran away without paying for the purchase. A gas station attendant witnessed the theft and immediately began running down the street in hot pursuit. Distracted with thoughts of how the chase was likely to impact his chances of becoming night manager, the attendant is struck by a moving van and killed.After reading the above fact pattern, discuss and determine what, if any, charges each of the characters would likely face and any possible defenses that may be offered by each.
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