Crim Pro - Missed Flashcards
what are the elements of larceny?
(1) a taking
(2) and carrying away (asportation)
(3) of tangible personal property
(4) of another w/ possession
(5) by trespass (without consent or by consent
(60 witht intent to permanently deprive that person of their interest in property
False pretenses generally consists of
(1) obtaining title
(2) to personal property of another
(3) by an intentional false statement of past or existing fact
(4) with intent to defraud other
Larceny by trick is when the victim is tricked into giving up mere ____ whereas if the victim is being tricked into giving up ____ then that crime is ___
custody or possession of property
title; false pretenses
When victim is tricked into giving up _______ that is false pretenses
title
Embezzlement is the ____ conversion of personal property of another by a person in _______ of that property
fraudulent; lawful posession
If a D intended to restore the exact property taken, then it is NOT _____. But if he intended to restore a similar or substantailly identical property then it is ________, even if it was money that was initially taken and another money of identical value that he intended to return
embezzlement; embezzlement
Difference from larceny and embezzlement is that in embezzlement, the misappropriation of the property occcurs while the D has ______ possession of it
Whereas in larceny, it occurs generally at the time the D obtains _____ possession of property
lawful
wrongful
For larceny by false pretenses, the victim intends to convey ____ whereas in larceny by trick, the victim intends only to convey ____
title; custody
It is possible to commit larceny of your OWN property if another person like a bailee has _____ at that time
superior right to possession