Is mary a conspirator to frank and stans criminal activity

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Reference no: EM133229185

Assignment:

Frank and Estanislao (Stan) earn their living as an entrepreneurs and professional burglars. When Frank and Stan bring their loot to Frank's booth at the Association of Sunshine Markets; Frank instructs Mary, a cashier to obliterate the serial numbers on merchandise and remove other identifying marks, such as owner's names and initials. Stan tells Mary that he "cleaned" the numbers from several item, from this batch. Mary is under the impression that Frank and his partner, Stan buy used items for resale. During the sale that day, Mary's brother Joe comes to the booth and Mary offers to sell him one of the tools with the obliterated numbers. Joe looks at the tool and tell Mary, I don't like second-hand stuff with scratched off information. One day the police appear and arrest both Frank, Stan and Mary. Under Texas law, Frank will be prosecuted for the various burglaries.

1. Identify if Mary is an accessory or is criminally liable as an accomplice.

2. Is Mary a conspirator to Frank and Stan's criminal activity? Explain why or why not?

3. Should Mary be held criminally liable for the burglaries as Frank and Stan? Explain why or why not?

4. Is Mary criminally responsible for attempting to sell a stolen tool to Joe? Explain why or why not?

5. Can the police apply criminal solicitation to this case? Explain why or why not?

Reference no: EM133229185

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