Criminal Law Flashcards
Something about taking real property and unharvested crops?
The taking of real-property items (e.g., unharvested crops) is not larceny when the defendant’s act of severance occurs immediately before the carrying away of the real-property items. The act of harvesting fruit constitutes the severance of real, rather than personal property. Here, because the baker had picked the blueberries himself, he had effected their severance from the farmer’s field and the blueberries the baker picked are considered to be real rather than personal property.
What is an accessory after the fact?
An accessory after the fact is a person who aids or assists a felon in avoiding apprehension or conviction after commission of the felony. An accessory after the fact must know that a felony was committed, act specifically to aid or assist the felon, and give the aid or assistance for the purpose of helping the felon avoid apprehension or conviction. The mere failure to report a crime is not generally itself a crime. However, a person who gives false information to the police in order to prevent the apprehension of a felon can be an accessory after the fact.
