1.Is larceny a lesser included offense of burglary if A break and enter into a dwelling of another at night time with an intent to commit larceny.

2. If A fails to commit larceny, is he guilty of both burglary and attempted larceny?

Question 1. Under Common Law, larceny is not a lesser included offense of burglary. Common law burglary requires: Breaking, Entering, Dwelling, of Another, at Nighttime, with Intent to commit a felony therein. However, Larceny is the Tresspassory, Taking, Carrying away, the Property of another, with Intent to permanently deprive him of said property. In theory, the burglar could meet all the requirements for burglary... including the intent to commit larceny (as in your question)... but not actually take anything. Even if he doesn't take anything, he still commits burglary. The burglary is complete as soon as he enters with the requisite intent. Larceny, on the other hand, requires an actual taking.

Question 2. A lesser included offense is a crime for which all of the elements necessary to impose liability are also elements found in a more serious crime. These 2 offenses in question share different elements. Therefore, he CAN be guilty of both.

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Well, what's the rule for burglary at common law and Modern Majority? Ans secondly, anytime u see Attempted Larceny automatically its wrong.



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-----Original Message-----
From:

You're right on the attempt; CL burglary restricted to nighttime and
dwelling house of another, modernly any time of day and any structure.



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From:

Common Law burglary
Breaking and entering into a dwelling ar nighttime with an intent to commit a felony.

Modern statute - any time of the day and any structure

Why attempt to larceny is automatically wrong?

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From:

Larceny is not a lesser included offense of burg. The crime of burg is completed at the moment of the breaking and entering, assuming of course the other elements of the crime are satisfied.