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21. What is the most serious crime of which the patron properly could be convicted?
The crimes below are listed in descending order of seriousness.
A man who had become very drunk left a bar and started to walk home. Another patron of the bar, who had observed the man's condition, followed him. The patron saw the man stumble and fall to the ground near an alley. The patron then began to pull out a gun but saw that the man had passed out in the gutter. The patron reached into the man's pocket, grabbed his wallet, and started to walk away. When the patron heard police officers approaching, he dropped the wallet and ran off.
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A is incorrect. The patron could not properly be convicted of robbing the sleeping man because robbery requires a larceny by violence or intimidation. The latter element cannot be satisfied here because the sleeping man was not aware of what was happening.
C is incorrect. The patron properly could be convicted of the more serious crime of larceny. Thus, even assuming the patron could be convicted of attempted robbery, this offense is not the most serious possible crime of conviction, so the answer is wrong.
D is incorrect. As explained above, the patron properly could be convicted of larceny, so attempted larceny is not the most serious crime of conviction and this answer is wrong.