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People v. Phebus
Michigan Court of Appeals
323 N.W.2d 423 (1982)
- Written by Carolyn Strutton, JD
Facts
Phebus (defendant) and his wife were shopping for a shelf. Phebus removed the $1.88 price tag from an unfinished shelf and placed it over the $6.53 price tag on a finished shelf. Phebus and his wife then purchased the finished shelf for the fraudulent $1.88 price. Phebus was stopped by the store detectives, who had witnessed him switching the price tags. Phebus was charged with larceny by trick. The circuit court quashed the charge, finding that the preliminary findings of the case supported a charge of theft by false pretenses, not larceny by trick. The prosecution appealed.
Rule of Law
Issue
Holding and Reasoning (Allen, J.)
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