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VOLUME 18 - CHAPTER 305
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Research Notes

    305.20.1 Tampering With Vehicle
    305.20.2 Tax Evasion
    305.20.3 Theft/Larceny
    305.20.4 Time Or Date Of Offense
    305.20.5 Timing Of Instructions/When To Instruct
    305.20.6 Transferred Intent


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VOLUME 18 - CHAPTER 305

    305.20.1    Tampering With Vehicle

Validity and Construction of Statute Making it a Criminal Offense to "Tamper" with Motor Vehicle or Contents, or to Obscure Registration Plates, 57 ALR3d 606.


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    305.20.2    Tax Evasion

Sentencing--a Defendant Who Pleads Guilty to One Count of Wire Fraud and One Count of Tax Evasion Is Not Necessarily Entitled to Group the Offenses for Sentencing Purposes--united States v. Vitale, 29 Seton Hall L. Rev. 1164, 1999, Survey of Recent Development in Third Circuit Law, 159 F.3D 810 (3D CIR. 1998) Taryn Leigh Decker.

Tax Crime: Propriety of Lesser-included-offense Jury Charge in Prosecution of Federal Tax-crime Defendant, 102 ALR Fed 128.

Taxpayer Who Diverted Income from Corporation with No Earnings and Profits Not Guilty of Criminal Tax Evasion: United States v. D'agostino, 52 Tax Law. 407, 1999, Stephanie Heilborn.


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    305.20.3    Theft/Larceny

Admissibility, in Prosecution for Obtaining Money or Property by Fraud or False Pretenses, of Evidence of Subsequent Payments Made by Accused to Victim, 10 ALR3d 572.

Admissibility of Evidence of Accused's Drug Addiction or Use to Show Motive for Theft of Property Other than Drugs, 2 ALR4th 1298.

Attempts to Commit Offenses of Larceny by Trick, Confidence Game, False Pretenses, and the Like, 6 ALR3d 241.

Coercion, Compulsion, or Duress as Defense to Charge of Robbery, Larceny, or Related Crime, 1 ALR4th 481.

Jury Instructions for Fraud Cases, Kehoe and Hindman, 80 Ill. B.J. 20, Jan. 1992.

Larceny: Entrapment or Consent, 10 ALR3d 1121.

Purse Snatching as Robbery or Theft, 42 ALR3d 1381.

Reasonable Expectation of Payment as Affecting Offense under "Worthless Check" Statutes, 9 ALR3d 719.

Single or Separate Larceny Predicated upon Stealing Property from Different Owners at the Same Time, 37 ALR3d 1407.

Thief as Accomplice of One Charged with Receiving Stolen Property, or Vice Versa, Within Rule Requiring Cautionary Instruction, 74 ALR3d 560.

What Constitutes Larceny "From a Person", 74 ALR3d 271.

When Statute of Limitations Begins to Run Against Criminal Prosecution for Embezzlement, Fraud, False Pretenses, or Similar Crimes, 77 ALR3d 689.


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    305.20.4    Time Or Date Of Offense

Crown Alleging Murder on a Specific Date -- Forensic Evidence Linking Crime to Accused but Witnesses Testifying to Seeing Deceased After that Date -- Judge Advising Counsel of His Intention to Direct Jury that it was for Them to Decide on Materiality of Date in Considering Whether Accused was the Killer -- Whether Judge's Intervention Unfair to Defence [Great Britain] Cowan and Birch, Crim.L.Rev. 655, Sept. 1992.


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    305.20.5    Timing Of Instructions/When To Instruct

The Feasibility and Utility of Pretrial Instruction in the Substantive Law: A Survey of Judges, Smith, 14 Law and Human Behavior 235, June 1990.

The Place of Primacy in Persuading Jurors: Timing of Judges' Instructions and Impact of Opening Statements (Symposium: Making Jury Instructions Comprehensible) Wrightsman, 8 U. of Bridgeport L.Rev. 431, Summer 1987.

Court's duty to inform counsel of proposed action on requested instructions under Rule 30 of Federal Rules of Criminal Procedure. 40 ALR Fed 495.

When does trial court's noncompliance with requirement of Rule 30, Federal Rules of Criminal Procedure, that opportunity shall be given to make objection to instructions upon request, prejudicial error. 55 ALR Fed 726.


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    305.20.6    Transferred Intent

Unintentional Killing of or Injury to Third Person During Attempted Self-defense, 55 ALR3d 620.

Use of Transferred Intent in Attempted Murder, Comment, 17 New Mexico L. Rev. 189, 1987.

Texts:

LaFave & Scott, Substantive Criminal Law (West, 1986) § 3.5(c).

Wharton’s Criminal Law (West, 15th ed. 1993) § 146, pp. 291-95.