THE PEOPLE, Plaintiff and Respondent, v. MAJID KHOURY,Superior Court of California, Los AngelesJune 5, 1980
Defendant then walked back through the checkstand and into the store, leaving the box with the cashier. Defendant was arrested by store security after the box was opened, disclosing in excess of $ 900 worth of store items, consisting of batteries, tools, and chain saws, but no chandelier. The Municipal Court for the Citrus Judicial District of Los Angeles County (California) convicted, entered upon a jury verdict, for grand theft.
Issues:
The Court states that the crime of larceny is the stealing or taking of the property of another. ( Pen. Code, § 484.) The completed crime of larceny as distinguished from an attempt — requires asportation or carrying away, in addition to the taking. The element of asportation is not satisfied unless it is shown that ‘the goods were severed from the possession or custody of the owner, and in the possession of the thief, though it be but for a moment. The other element of theft by larceny is the specific intent in the mind of the perpetrator to deprive the owner permanently of his property. The sufficiency of the evidence to support a finding of intent is not a claim of error on this appeal but is important in reviewing the jury’s determination of the existence of the element of asportation or carrying away, a question of fact.
The Court observed that the jury was instructed that “In order to constitute a carrying away, the property need not be actually removed from the premises of the owner.” Any removal of the property from the place where it was kept or placed by the owner, done with the specific intent to deprive the owner permanently of his property, whereby the perpetrator obtains possession and control of the property for any period of time, is sufficient to constitute the element of carrying away.
The Court held that “In this case the jury was properly instructed as to the necessary elements of the crime of theft by larceny. They were not told that there could be no taking or carrying away or asportation unless defendant was able to get the chandelier box containing other store property past the cashier. This was a factor to be considered by the jury, as the trier of fact, in determining whether there was or was not an asportation. The intent to permanently deprive the store of its merchandise was clear. The defendant in this appeal does not even attempt to negate the element of intent by proof of innocence though careless mistake.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Archive for October, 2010
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Sunday, October 31st, 201010 situations when you might need a family law solicitor
Sunday, October 31st, 2010When a relationship breaks down, it can be painful for not just both parties but also the rest of the family. If you’re not able to sort things out amicably, it may be worth speaking with a family law solicitor to help.
Here are 10 situations where a family law solicitor could be of great help to you.
1) If a marriage has ended and the reasons for its breakdown cannot be resolved, a divorce may be the chosen course of action. When that happens, it’s important to get right legal advice, so you know what needs to be done to make the process as smooth and as painless as possible.
2) If you live with a partner, but aren’t married, and that relationship comes to an end, it’s important to know what rights you have – especially if you have children together – so legal advice could be very useful.
3) If you are coming out of a relationship where you and your ex-partner had children together, then it may be that your children will no longer be living with you. If this happens, you may want a solicitor to help you to arrange when you can see them – or vice versa, if you’re the parent who has the children full-time.
4) In addition to parental rights, you may be interested to know that grandparents also have rights with regards to their grandchildren. If you’re a grandparent who has been told you can’t see your children’s children, then speak to a family law solicitor for advice.
5) If, following a divorce or relationship split, you have shared property or possessions that need to be sold, then you may need help with many of the legal aspects of the sale and dealing with the money they generate.
6) Legal support could help if you need help and advice with regards to your finances. It could be that your situation has changed significantly as a result of the divorce.
7) A family law solicitor can be extremely helpful for couples planning a civil partnership or even if one comes to an end. They can provide advice on what your rights are going into the partnership.
‘Pre-nups’ may be more associated with American marriages, but they still have a place in relationships where a couple decide assets should be protected. Although not enforceable by law, it can help demonstrate the initial intentions of the two parties prior to the marriage should it then break down at a later stage. A solicitor can help you draw up the pre-nupitial agreement and ensure it’s done professionally.
9) If you’re not married and want to move into a new home with your partner – or move into your new partner’s current home – a legal expert could help inform you of cohabitation laws and how it might effect paying the mortgage.
10) If you are the victim of domestic violence, then you need to escape your current situation as soon as possible. A family law solicitor can help with advice, securing new accommodation and, through untraceable phone lines and other methods, they can also help keep you hidden from them and safe.
If you’re involved in any of these situations, then it could be time to find a family law solicitor to help you with your situation.
Lees Solicitors LLP are specialists in family law and have experience in dealing with all legal aspects relating to relationships and families.
Bankruptcy Vs. Debt Settlement ? How New Federal Laws Make Debt Settlement The Better Option
Thursday, October 28th, 2010Getting out of debt via a debt settlement process used to be a very risky decision. Not anymore. New laws passed by the Federal Trade commission have made the debt settlement process a much more legitimate option for consumers and small businesses seeking debt relief. These laws effectively ban debt relief companies from collecting upfront fees from clients. If they can’t settle your debts, you don’t have to pay a dime.
Before 2005 many consumers experiencing financial hardship would apply for Ch. 7 bankruptcy in order to eliminate unsecured debt. However in 2005 new laws were passed that made Ch.7 bankruptcy much more difficult to qualify for and far less advantageous for consumers. The bankruptcy process is now very complicated and will affect your credit report for at least 7 years.
Ch. 7 bankruptcy is considered the “fresh start” bankruptcy. It used to be advantageous for consumers and small businesses to file Ch. 7 because almost all their unsecured debts would be eliminated and it was easy to qualify for. Now however you pretty much have to be completely insolvent with no income coming in to qualify for Ch. 7 bankruptcy. You are much more likely to qualify for Ch. 13. This is similar to the debt settlement process except for one major difference. Ch. 13 bankruptcy will hurt your credit score much worse and longer than debt settlement.
When comparing Ch. 13 bankruptcy and debt settlement it is obvious that debt settlement is the better option. Most consumers are able to repair their credit within 3 years with a settlement while bankruptcy will take at least 7 years. Also with these new FTC laws in place entering a debt settlement program has become far less risky. If they don’t settle your debt you don’t have to pay a dime.
The best way to locate legitimate debt settlement companies is through a free debt relief network. They will be able to provide consumers and small businesses with free consultations and help them determine what debt relief option makes the most financial sense. Debt relief networks are free to use and a good starting point on your way to becoming debt free.