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Question
Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
LEGAL PRINCIPLE: Whoever intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTUAL SITUATION: A, in good faith, believing property belonging to B to be A’s own property, sells the property to C. Has A committed theft? DECISION:
Options
No, because he did not have a dishonest intention.
No, he did not move the property.
No, he did not move the property that was in B's possession.
Yes, the constituent elements of theft are satisfied in this case.
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Solution
No, because he did not have a dishonest intention.
