Bar Exam (US) Criminal Law: Jay Johnstone, a baseball card dealer, lived in Vancouver. He agreed...

Question

Jay Johnstone, a baseball card dealer, lived in Vancouver. He agreed to sell an extremely rare card of Babe Ruth from a 1933 Goudy collection to Richie Hebner for $8,000. Hebner lived in Portland which was located 70 miles from Vancouver. As part of their agreement, Dee Liver, a courier, was hired to pick up the card from Johnstone and transport it to Hebner. He was then to get the purchase money from Hebner and bring it back to Johnstone.

But rather than entrusting the genuine Ruth card to Liver, Johnstone gave him a counterfeit replica that was valueless. After picking up the envelope containing the facsimile, Liver left Johnstone's home and embarked on his trip to Portland. The Vancouver police, however, received a tip concerning the scheme and intercepted Liver's car before he left the city limits. Thereafter, Johnstone was arrested and charged with attempting to obtain property by false pretenses.

If, in a common law jurisdiction, Johnstone contends that the scheme had not progressed far enough to constitute an attempt, it will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    be to his advantage to claim that Liver was his accomplice and was participating in the scheme to receive a share of the proceeds
  2. B
    Correct Answer
    be to his advantage to claim that Liver knew nothing of the scheme but was simply an innocent courier hired by Johnstone to make the delivery
  3. C
    Correct Answer
    be to his advantage to claim that Liver knew nothing of the scheme but was simply an innocent courier hired by Hebner to make the delivery
  4. D
    Correct Answer
    make no difference whether Liver was Johnstone's accomplice or was an innocent agent
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