State v. Deanna
Conspiracy
Oral or implied agreement between two or more to commit an unlawful act
Alma found Deanna searching in the managers office. Deanna told Alma that she was looking for keys to the safe because she was looking for papers in the safe. Alma told her she didn’t believe her and that she would keep watch for her. Her actions indicate they are both aware and agree that Deanna is going to commit a crime.
Therefore, there is a conspiracy
Pinkertons Rule
Each member of a conspiracy is chargeable with all crime in furtherance of or which are the natural and probable consequence of the unlawful act.
Embezzlement
One who is entrusted with the property and converts the property for his own use.
Deanna worked as a cashier. While working, she took the money from her cash register and put it into her pocket. The money belonged to her employer and she was
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However, she was in the grocery store, not a dwelling, and it was not at night.
Therefore, it does not meet the requirements for a common law burglary
Modern law
The trespassory entry into the structure of another to commit an unlawful act
Deanna went into the manager’s office and got into the safe unauthorized, with the intent to commit larceny.
Therefore, Deanna may be guilty of modern law burglary.
Larceny
The trespassory taking and carrying away the person property of another with the intent to permanently deprive
Deanna used the keys to open the managers safe, remove $600 from the property and give it to Randy.
Therefore, Deanna may be guilty of Larceny.
Defense
Duress
Threat of imminent harm to individual or to a family