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28. Of what crime, if any, is the man guilty?
In a crowded football stadium, a man saw a wallet fall out of a spectator's purse. The man picked up the wallet and found that it contained $100 in cash. Thinking that he could use the money and seeing no one watching, the man put the wallet in the pocket of his coat. Just then, the spectator approached the man and asked if he had seen a missing wallet. The man said no and went home with the wallet.
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A is incorrect. Because the spectator never entrusted the man with the wallet, the man is guilty of larceny rather than embezzlement.
B is incorrect. Because the man never obtained title to the wallet, he is guilty of larceny rather than false pretenses.
D is incorrect. As explained above, the man is guilty of larceny. The initial taking of the wallet was a trespass because the man knew that the wallet belonged to the spectator and he intended to convert the wallet to his own use in permanent deprivation of the spectator's right.