PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A defendant, intending to steal from a store, enters during business hours, conceals merchandise, and walks out without paying. The defendant is charged with common-law burglary. What is the strongest defense argument?

There was no taking of property The entry was not a breaking and entering of a dwelling at night The defendant lacked intent to permanently deprive The store consented to the defendant's presence as a customer

Correct Answer:

The entry was not a breaking and entering of a dwelling at night

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