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Unformatted text preview: Trespassing includes the non-consent for the person to be there, and non-consent for the items to be taken. Rational: Dolans supervisor allowed the taking of the property, as well as instructed his employees to allow the person to come and even helped him have space in his wagon so the defendant could place the barrels of meat on there. The employee treated the barrels just like it was any order, and took the order, helped arrange space in the wagon for it, and supervised the taking of the property. Holding: No, Topolewski did not commit larceny because the defendant did not trespass, and it was inferred in the situation that the owner of the property consented in giving of the property, even though the intent of larceny existed. Synthesis: Dissent/Concurrences:...
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- Spring '11