This section contains the nature of the case and procedural background.

D was observed by the manager of a Von's market switching price tags from one kind of glove to another kind of glove and also price tags placed on chickens. The manager stood five or six feet behind D as the latter went through the check-out counter. D paid for a number of chickens, a pair of gloves, and other merchandise. D had no conversation with the check-out clerk. D then wheeled the shopping cart into the parking lot where he was arrested by the manager. The evidence at trial showed that D switched price tags so as to buy merchandise for less than its correct price. The jury was instructed solely on the offense of theft by false pretenses. Had D not been observed by the store manager he would have succeeded in acquiring title and possession. D was convicted and appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.