Marlboro was a tobacco wholesaler in the state of Emphysema. Marlboro would store cigarettes at Wanda's warehouse. Wanda employed Smokey, a forklift operator, and Scott, a security guard.

As a result of a litigation settlement, the cost of cigarettes had risen dramatically in Emphysema. Wanda and Smokey each had a two-pack-a-day habit, but could no longer afford to purchase cigarettes at the local convenience store. One day, they cut open the cellophane wrapping on a pallet of fresh cigarettes, removed several cartons of cigarettes for their personal use, and resealed the pallet. Scott's security camera recorded the entire event, and Wanda and Smokey were promptly arrested.

The Emphysema district attorney should charge

(a)     both Wanda and Smokey with larceny.
(b)     both Wanda and Smokey with embezzlement.
(c)     Wanda with larceny, and Smokey with embezzlement.
(d)     Smokey with larceny, and Wanda with embezzlement.

To see Professor Bamberger explain the answer in detail click here