Reference no: EM131167643
Oscar, Al, and Fred were all arrested and charged with the crimes of arson and conspiracy to commit arson. Fred was also charged with the crime of criminal facilitation. Fred agreed to testify against Oscar and Al. At the trial of Oscar and A l, the district attorney presented: evidence to show the store had burned down as the result of arson; Fred's testimony regarding his conversations and transactions with Al; and an eyewitness who testified that he saw Al's vehicle outside the store a few m inutes before the fire. All evidence presented by the district attorney was legally admissible. 1. Without regard to what evidence was presented at trial, based on the above facts:
(a) Did Oscar commit the crimes of (i) arson and (ii) conspiracy to commit arson?
(b) Did Fred commit the crimes of (i) arson, (ii) conspiracy to commit arson, and (iii) criminal facilitation?
(c) Assuming Fred committed the crimes of arson, conspiracy and criminal facilitation, may he successfully assert the defen se of renunciation to each of those crimes?
2. Was the evidence presented at trial sufficient to convict Oscar and Al of the crime of arson?
QUESTION 3 Ash Corp., a New York business corporation, owns and operates a gypsum mine.
Gypsum is the basic raw material used in the production of wallboard. Wall, Inc., also a New York business corporation, manufactures wallboard and sells it to building supply houses. Brock is a 50% shareholder of Wall, Inc. but does not serve as a director of that corporation. Brock is a director of Ash Corp., but owns none of its shares. In June 2014, Ash Corp. and Wall, Inc. entered into a contract by which Ash Corp. agreed to provide Wall, Inc. with gypsum at the price of $40 per ton, the then fair market price, for a one - year period, commencing that month. The contract did not specify a quantity of gypsum to be provided, but stated that Ash Corp. would provide all the gypsum Wall, Inc. required during the contract period. The parties had not previously done business together, but the contract stated that Wall, Inc.'s typical and anticipated future requirement for gypsum was 10,000 tons per year.
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