Chapter Nine

Study Guide

As you read this assigned chapter, answer the following questions:

1. D leaves his television with B for repairs. B repairs it and refuses to return it to D until D pays for the work. When B is not looking, D takes the television and runs, intending never to pay the repair bill. Has D committed a stealing?

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A. A and B own a taxi business together. A takes Cab 804 (which belongs to the business) and refuses to return it. Is A guilty of a stealing?

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B. H takes W's jewelry and gives it to B as a gift. Is H guilty of a stealing?

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C. Looking for his fuel to feed his furnace, D takes some old post line in B's back yard. He intends to pay B for it should B complain about the taking. Is D guilty of stealing?

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D. S picks up a brief case in a public restroom in an airport believing it to be his own. When he opens it later that day, however, he finds that it belongs to C, whose name is on the papers inside. The briefcase also contains over $100,000 dollars in cash. After giving the matter a few days thought, S decides to keep the briefcase and its contents. Is S guilty of stealing? Can S use a loss of property defense?

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E. A goes to B's office to give B $500.00. B's receptionist, C, accepts the money and, as A leaves, she places it in her purse and walks out, intending to keep it. Is C guilty of stealing?

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F. B gives her errand clerk, D, $500.00 to deposit for her in the bank. On the way to the bank, D decides he has better uses for the money and absconds with it. Is D guilty of stealing?

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2. D is a dealer in new and used television sets. D gives S a hundred dollars in exchange for two television sets D knows were stolen during a burglary. D sells one to H for $250, which is a fair price. Is D guilty of receiving stolen property? If so, what class of crime has he committed? Has H received stolen property?

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3. A writes B a check for $100.00. B adds a zero in front of the decimal point and cashes the check. Is this forgery?

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4. On January 1, A writes a check for $100.00 knowing that he has no money in his account. Between January 1 and January 10, he writes additional checks totaling $40.00. Has D committed the crime of passing a bad check? Is so, what class of crime has he committed?

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5. A has his car repaired at B's repair shop. A was supposed to have received a new transmission as a part of the repair. When A gets home he discovers that the transmission is actually a used transmission. A stops payment on the check he gave to B. B wants you to charge A with fraudulently stopping payment on an instrument. Should you?

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6. In the Bad Check and Forgery portions of the Code, what is the significance of the ten (10) day notice letter required?

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7. A enters into B's rental store and rents a television set for one week for $50.00. A does not return the television. Before you can charge A with failure to return leased property, what must you request from B?

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