WATCH OUT IF THE CRIME IS “ATTEMPTED …” - THEN INTENT IS NEEDED
• Murder: To be guilty of murder, one must unlawfully kill another human being with malice aforethought which may be (i) intent to kill; (ii) intent to inflict great bodily injury; (iii) reckless indifference to an unjustifiably high risk to human life (depraved heart); or (iv) the intent to commit a felony.
• At common law, the crime of attempted murder requires both a specific intent by the actor to kill the victim and an act that puts the D in close proximity to completing the crime (For MPC, it must be a “substantial step” rather than close proximity).
• If you intend to kill A but kill B ...view middle of the document...
• Voluntary manslaughter requires passion or provocation
• Adequate provocation can reduce murder to voluntary manslaughter. Being subjected to a serious battery is adequate provocation, getting hit in the face with an umbrella, or seeing wife in bed with another man and losing control
• Manslaughter if you kill someone while acting recklessly under an unreasonable apprehension of danger (JULY 1991)
• Manslaughter least likely to be the underlying felony for felony murder when compared against attempted rape as the underlying felony. (MBE 1992)
• Spouses/Proprietor-Customer/School-Pupil have a duty to rescue if they learn of the peril. Failure to fulfill that duty knowing it would mean almost certain death is the equivalent of homicide committed with malice.
• Larceny: At common law, larceny is the taking and carrying away of the personal property of another by trespass (i.e. wrongfully) with intent to permanently (or for an unreasonable time) deprive the other of his interest in the property.
• Larceny occurs if you intend to deal with the property in a way that involves a substantial risk of loss to the owner (e.g. holding on to it until you get a reward).
• For larceny, pay attention to situations where title is transferred by false representations – this is not larceny.
• You can pass title to money. Someone tricks you into buying something.
• Larceny by the use of an innocent agent – when you trick someone to steal something for you
• Larceny if you steal marijuana from someone (MBE 1992)
• Can commit larceny by taking property from someone who doesn’t have rightful possession (stealing from a thief)
• If you find property, and there are sufficient clues to ownership, it is larceny if you keep the property
• Thinking your conduct is not a crime is not a defense to larceny
• Larceny by trick: Obtains possession of property by lies and then fraudulently converts it
• Larceny by Trick: False promise is a crime whereby a person obtains property falsely based on an intentional misrepresentation of present or past fact. (JULY 1991)
• False Pretenses: By lying, one obtains title along with possession of property
• False Pretenses is obtaining title to property of another, by intentional false statement of facts (FEB 1991)
• Embezzlement: illegal conversion of property over which D had lawful possession (Embezzler has lawful possession (not title), AND Illegal conversion). Embezzler does not have to benefit at all
• Embezzlement: (1) fraudulent, (2) conversion of, (3) the property, (4) of another, (5) by one who is already in lawful possession of it.
• Pawn shop that sells item before they are allowed to is guilty of embezzlement (MBE 1992)
• Common law forgery is creating a false document with apparent legal significance with intent to defraud (i.e. a deed, but a forged Thomas Jefferson letter is not forgery since it has no legal significance)
• Burglary: At common law, burglary is a breaking and...