Appellate Department, Superior Court, Los Angeles County
166 Cal.Rptr. 705 (1980)
Khoury (defendant) pushed a cart containing a large cardboard chandelier box up to a cashier in a Fed Mart Store. The cashier, noticing that the box was loosely taped, stated that he had to open and check the contents of the box before allowing Khoury to pay the price marked and take the box from the store. Khoury left the cart with the box still in it and began walking away. The cashier opened the box and noticed that it was filled with $900 worth of store items, including batteries, tools, chain saws, but no chandelier. Khoury was arrested by store security and charged with, and subsequently convicted of, larceny. Khoury appealed.
Rule of Law
Holding and Reasoning (Fainer, J.)
Dissent (Bigelow, J.)
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