I tried reading the outline but I just don't see where they're drawing the distinction on this one:
Larceny: I understand this to mean the trespassory taking of another's property with the intent to permanently deprive.
Embezzlement: I understand this to mean conversion of property by someone entrusted with it.
However, I got both of the following MBE Questions wrong, with more or less the following fact patterns:
1. This is Larceny:
A schoolteacher who takes a side job as a bartender, and gives out drinks to his friends for free sometimes.
2. This is Embezzlement
A grocery store clerk who takes a $5 from a customer for a gallon of milk, and immediately pockets it for himself.
For the first one, I thought it was embezzlement because the schoolteacher has to have been entrusted with the alcohol because he's serving it, but apparently not. The explanation went something like the schoolteacher only has "custody" of the alcohol, and not possession. Based on the first one, I answered the second one as larceny, which was wrong, according to Chris Fromm, because the grocery store clerk's job is to take cash from customers, and thus while he has the cash he's in lawful possession?
Is this just going to be a very close factual situation each time? The best I could come up with for the difference here was that the bartender/schoolteacher is kind of a conduit for the bar's alcohol and thus never possesses it himself. But I can't really explain the clerk along those lines. Fromm also said that if the clerk were to put $5 into the cash register but then take it back out for himself, that would make the crime larceny instead of embezzlement.
I think I might be splitting hairs.