Cool read. So "buddy" should still be charged with theft because he only reached the second level of intoxication. I still believe, however, that the bar should also be charged with over-serving.
Maybe I'm wrong - I just skimmed the case above, but I'd think the thief would be absolved/acquited of the theft due to second level intoxication. Also, there doesn't seem to be any evidence that the theft of the purse required any degree of planning - it's not like he used his "bump" key to jimmy the lock of the back store room and pry open a metal storage locker - that would obviously require at least 1st level intoxication or less. However, I think he'd be SOL with a possession of stolen property charge, because, IIRC, he did not return the purse to the bar or turn it in to police when he sobbered up.
What if my bike was stolen, but the thief returns it, and then I go back and say, "hey, I had $1000 in the trunk," when I didn't. Is that fair? How about I claim $2000 more than what my stolen bike is worth and raise everyone's premium? Is that fair?
The way some people think in this thread, you'd think that you could.........and that everything you put forward became the absolute truth and proof - just because the perpetrator was in the wrong. Rules of evidence just don't work that way. Had I identified the thief, I would have contacted the police and let them catch him red-handed.