Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."If Harry were charged with burglary, his best argument for acquittal would be that
there was no breaking he consented to the entry. no overt act was committed by him. there was no intent to commit a felony.
Question: Harry met Bill, who was known to him to be a burglar, in a bar. Harry told Bill that he needed money. He promised to pay Bill $500 if Bill would go to Harry's house the following night and take some silverware. Harry explained to Bill that, although the silverware was legally his, his wife would object to his selling it. Harry pointed out his home, one of a group of similar tract houses. He drew a floor plan of the house that showed the location of the silverware. Harry said that his wife usually took several sleeping pills before retiring, and that he would make sure that she took them the next night. He promised to leave a window unlocked. Everything went according to the plan except that Bill, deceived by the similarity of the tract houses, went to the wrong house. He found a window unlocked, climbed in, and found silver where Harry had indicated. He took the silver to the cocktail lounge where the payoff was to take place. At that point police arrested the two men."If Harry were charged with burglary, his best argument for acquittal would be that
A. there was no breaking
B. he consented to the entry.
C. no overt act was committed by him.
D. there was no intent to commit a felony.
Answer: