Supreme Court of California
965 P.2d 1165 (1998)
Davis (defendant) walked into a Mervyn’s department store. While in the store, he was placed under surveillance by Carol German, a security agent. German observed Davis pick up a shirt from the men’s department and take it across the store to a cash register in the women’s department. There, Davis told the cashier, Heather Smith, that he had previously purchased the shirt but wished to return it for a refund. Smith informed him that because he did not have a receipt, she could only issue him store credit. At that point, German called Smith to confirm that Davis was attempting to return the shirt. German instructed Smith to issue the store credit. Davis was apprehended as he walked away. He was charged and convicted of petty theft. The Court of Appeal affirmed.
Rule of Law
Holding and Reasoning (Mosk, J.)
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