¶ … defendant, D, had the requisite intent to burn the building (commit arson) when he started a fire in Smith's wastepaper basket in the classroom; whether D. had the requisite intent to steal Sue's wallet and money when he found it; whether D. had the requisite intent to steal Chester's $10 when it was offered him for the purpose of purchasing dance tickets; whether D. had the requisite intent to steal Chester's additional $20 when it was offered him for pictures.
RULE
Arson is defined at common law as the malicious burning of the dwelling house of another.
Theft is defined as the "physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently" (Bernard, 2006).
ANALYSIS
FACTS
• Jim set fire to the wastepaper basket
• Jim picked up Sue's wallet and hid it
• Jim called Sue's house many times that night but did not tell Sue's mother...
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