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

Saylor (D) was observed taking full baskets of merchandise into the hardware department of the store leaving the department and returning with an empty basket. D then made a minor purchase and left the store. A cardboard toy box, which ordinarily would contain a $13.97 toy, was discovered in the hardware department. Its top had been recently glued. The store employees did not remove or touch the box. D returned and took the box to the cashier, who did not know of the prior incidents or facts and paid $13.97 for the box. D was arrested in the parking lot. The box contained merchandise valued at over $500. D was convicted of theft by deception. D appealed: the store knew about the box, and therefore was not deceived; D could only be guilty of attempted robbery by deception.

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