Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Bonaparte
In order to function as a 'depository' within the intent of the statute, the deposit must have intrinsic or exchange value. The business undoubtedly PAID to have that particular 'deposit' removed from its property as something having no value...a nuisance, if fact. That some small fraction of the contents of the 'apparatus' was removed harmed no one.

Any judge with a modicum of common sense would roll his eyes before the open court at the presentation of such a specious assertion, and then 'have a chat' with the prosecutor in-chambers.

No cigar.

190 posted on 09/06/2006 2:24:31 AM PDT by dasboot
[ Post Reply | Private Reply | To 189 | View Replies ]


To: dasboot
"...must having intrinsic or exchange value...as something having no value..."

Well, it certainly had "exchange" value for the defendants. They were more than willing to exchange 6 months of their freedom for the unlawfully taken produce.

The crime actually charged was --

    18-4-203. Second degree burglary.

    Statute text

    (1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.

    (2) Second degree burglary is a class 4 felony, but it is a class 3 felony if:

    (a) It is a burglary of a dwelling; or

    (b) It is a burglary, the objective of which is the theft of a controlled substance, as defined in section 12-22-303 (7), C.R.S., lawfully kept within any building or occupied structure.

    History
    Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-203. L. 81: (2) amended, p. 974, § 9, effective July 1; (2)(b) amended, p. 2031, § 44, effective July 14. L. 99: (1) amended, p. 327, § 3, effective July 1

Nothing in the above statute refers to value of the property in question, intrinsic or otherwise. After trespassing on private property and breaking into this business, defendants took unlawful possession of property lawfully possessed by another. That satisfies the elements.

193 posted on 09/06/2006 2:52:19 PM PDT by Bonaparte
[ Post Reply | Private Reply | To 190 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson