Question

Please use IRAC format to answer the following:

Pete owns six automobiles, a Ford, a Buick, a Chrysler, a Dodge, a Pontiac, and a Toyota, which he keeps in his garage which is attached to his house.

Dave, Pete’s friend, asked Pete if he can borrow the Ford to take his wife to the doctor. Pete agrees to let him borrow the Ford and hands Dave the key to the car.

Dave takes his wife to the doctor in the Ford. The Doctor refuses to see Dave’s wife unless he pays his past due bill. Dave has no money but agrees to give the Doctor the Ford. Dave forges the pink slip for the car and gives the keys, the pink slip, and the registration to the Doctor.

What criminal charge is Dave most likely to face? Discuss any defenses.

Answer 1

Issue-dave, Pete’s friend has borrowed his car and used it for payment of his dues without seeking permission from Pete.

Rule-the rule which may apply here are larceny or embezzlement

Application-larceny is the situation when someone takes away another’s property with the intent of permanently depriving in future. Here when Dave asked Pete and Pete agreed to loan the Ford (personal property of Pete) and then Pete handed over the keys voluntarily to Dave the act was consensual. When dev was taking Pete’s vehicle, there appears to be no intent at the time to permanently deprive (5). All of the evidence is that Dave intended at the time only to use the vehicle to transport his wife to the doctor. Therefore Larceny fails.dev will be charged for embezzlement as it includes fraudulent conversion by giving the pink slip and the registration to the doctor of the car which is a personal property of Pete.

Conclusion:
Dave will be found guilty unless he can prove an affirmative defense. Had Dave never intended to return the vehicle it would be Larceny by trick.