Answer A to Question 2
(1) For What Crimes Can Ann Reasonably Be Charged
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(A) Burglary
Burglary, at common law, required the following elements: (1) a breaking; (2) and entry;
(3) of a dwelling; (4) of another; (5) at night; (6) with the intent to commit a felony
therein. The elements of breaking and entry was satisfied when Ann broke a window in
the back door and entered the building. The building she entered was a dwelling
(house) and it was not hers, it was possessed by Victor, therefore satisfying the third
and fourth elements. It is stated that this occurred at night, satisfying the fifth element,
and so all that is remaining is that she entered to commit a felony, in this case robbery
(see below). Therefore, she can reasonably be charged with burglary.
Modern statutory changes to burglary often remove the requirement of breaking,
expand the types of buildings that it applies to, and no longer requires that the offense
occurs at night. However, since this merely expands potential liability, the fact that all
the common law elements are met means that she would still be liable regardless of
whether the jurisdiction where this incident occurred had adopted modern changes or
not. Burglary is a felony.
(B) Robbery / Attempted Robbery / Aggravated Robbery
Robbery, at common law, required the following elements: (1) obtaining possession; (2)
of personal property; (3) by way of intimidation or force; (4) from another's person or
presence; (5) with the intent to permanently deprive him of it. Ann obtained possession
of $500 from Victor's home, satisfying the first two elements. While she attempted to
use intimidation, she eventually succeeded by way of force, satisfying the third element.
Victor was certainly alive at the start of the robbery, and regardless of whether he
technically died before or after he died should make little difference because it appears
to all have been in a matter of minutes. Considering that he died from her force and she
immediately took the $500, the fourth element should be met. She did not intend to
return the $500, so the prosecution can contend that she intended to permanently