AL Bar Practice Questions - Alabama Bar Examination Exam

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A defendant is charged with larceny. He took a neighbor's lawnmower honestly believing it was his own identical mower. The prosecution concedes the belief was genuine. What is the most likely result?

Guilty of larceny, because he took property belonging to another Not guilty, because larceny requires intent to permanently deprive another of property, which is negated by his honest claim of right Guilty of attempted larceny only Guilty of embezzlement instead

Correct Answer:

Not guilty, because larceny requires intent to permanently deprive another of property, which is negated by his honest claim of right

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