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.

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