Crimes Against Property

Permits or licenses to operate video poker machines in Louisiana do not constitute property within the meaning of the federal mail fraud statute, 18 U.S.C. § 1341. It is not sufficient that the object of the mail fraud may become…

The aggravated arson statute (Pen. Code, sec. 451.5, subd. (a)(3)), requires damage to five or more inhabited structures, which in turn is defined as a "building," among other things. A building is a "covered structure that stands predominately by itself…

Appellant removed a screen from a residence window and tried unsuccessfully to open the window with a screwdriver. A jury found him guilty of burglary. The Court of Appeal reversed, finding that appellant was guilty only of attempted first degree…

The California Supreme Court granted review in this case to address the conflict in Court of Appeal decisions concerning whether a defendant’s entry into a bedroom within a single-family house with the requisite intent can support a burglary conviction if…

A first offense under Penal Code section 502.7, subdivision (a) (obtaining telephone services by fraud), may be punished as a felony even if the amount of the loss does not exceed $400. Such an offense remains a wobbler. The statute…

Appellant walked up to the driver’s side of an occupied rental car, pointed a gun at the driver, and demanded he get out of the car and turn over his wallet. The keys were still in the ignition of the…

Evidence of intent to commit larceny was sufficient to support a burglary conviction where appellant entered a home with the intent to take a shower, and then decided to cook some food because he was hungry. Even if appellant’s intent…