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Criminal Law

State v. Schminkey

Schminkey is an important case for this course. It summarizes numerous aspects of specific intent crimes. In fact, you should emerge with two important holdings of the case. One defines the requirements for theft. The other describes the rule for how to prove specific intent--a rule that will apply not only for theft but for all specific intent crimes. This second rule also surreptiously brings to bear the idea of grading.