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

Faulkner (D) picked up a load of refrigerators in San Diego, and stopped in Las Vegas and offered to sell them to an appliance store instead of delivering them to Connecticut. D broke the truck's seals to enter the cargo compartment and opened two cartons to show to the store owner. D attempted a negotiation that was rebuffed and was arrested upon leaving the store. D was convicted of embezzlement. D appealed; he never physically removed the refrigerators from the truck and never sold them.

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