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

Lewis Joseph had, as usual, placed and buttoned an overcoat upon a dummy that stood on the sidewalk outside of his store. While inside the store he heard the chain of the dummy rattle and found D with the coat unbuttoned from the dummy and under his arm. D had just removed therefrom and was in the act of walking off with the coat when Lewis grabbed him and prevented him from taking it away because the coat was chained to the dummy by a chain that ran through the coat sleeve. The dummy was tied to the building by a string. The jury returned a verdict of guilty of petit larceny. D appealed.

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