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4. If the man is guilty of any crime, he is most likely guilty of
A man walked into a store that had a check-cashing service and tried to cash a $550 check which was payable to him. The attendant on duty refused to cash the check because the man did not have two forms of identification, which the store's policies required. The man, who had no money except for the check and who needed cash to pay for food and a place to sleep, became agitated. He put his hand into his pocket and growled, «Give me the money or I'll start shooting.» The attendant, who knew the man as a neighborhood character, did not believe that he was violent or had a gun. However, because he felt sorry for the man, he handed over the cash. The man left the check on the counter and departed. The attendant picked up the check and found that the man had failed to endorse it.
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Robbery requires the taking and carrying away of the personal property of another with the intent to permanently deprive accomplished by means of force or fear. The taking must be achieved as a result of violence or intimidation.
At common law, the crime of false pretenses requires obtaining possession and title of property of another through fraud or misrepresentation of a material fact.
At common law, larceny by trick requires obtaining possession of the property of another, with the owner's consent, by fraud or misrepresentation, with the intent to permanently deprive the owner of that property.
B is correct. The man's intent to commit a robbery is demonstrated by his simulating a gun in his pocket and threatening to shoot the attendant if the attendant did not give him the money despite the man not having the proper identification. The man also moved beyond mere preparation and closer to robbery perpetration by pretending to have a gun, making that threat to the attendant, and then taking the money. The only thing preventing the man from having completed a successful robbery is the fact that the attendant was not actually afraid, and rather, gave the man the money out of sympathy instead of fear. Because the man did everything possible to effectuate a robbery other than actually frightening the attendant, with the requisite intent, the man is most likely guilty of attempted robbery.
A is incorrect. The man did take and carry away the money, which was the personal property of the check-cashing service, when he took the cash from the attendant and departed. The man also intended to permanently deprive the check cashing service of the money because he left with it and offered no indication that he only meant to borrow the money and return it later. He also tried to use fear in order to get the attendant to disregard the rule requiring two forms of identification by simulating a gun in his pocket and threatening to shoot the attendant. But to be guilty of robbery, the victim must actually experience force or fear and the defendant must take the property as the result of such force or fear. The attendant did not believe that the man was violent or had a gun, so the attendant was not actually afraid, and only gave the man the cash out of sympathy. Because the man does not meet the force or fear element required by robbery, the man cannot be guilty of that crime.
C is incorrect. The man did not attempt to forge the $550 check, but rather, to cash it without the necessary two forms of identification. Although he did not properly endorse the check, he still did not attempt to use fraud to obtain the cash; rather, the store attendant gave him the cash because the attendant felt sorry for the man. The man did fraudulently simulate having a gun when he threatened the attendant, but that was not the reason the attendant gave him the money; the attendant gave the man the money out of sympathy, not as a result of a misrepresentation. Because the man did not obtain the cash through the misrepresentation of a material fact, he cannot be guilty of false pretenses.
D is incorrect. As described above, the attendant gave the money to the man out of sympathy, not because the man misrepresented any material past or present fact. Even though the man did falsely represent that he had a gun in his pocket, this misrepresentation did not cause the attendant to give the cash to the man. Because the man did not obtain the cash through the misrepresentation of a material fact, he cannot be guilty of larceny by trick.