State v. Cadle

2008-Ohio-3639 (2008)

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State v. Cadle

Ohio Court of Appeals
2008-Ohio-3639 (2008)

  • Written by Sharon Feldman, JD

Facts

Kevin Cadle (defendant) entered a Home Depot store with an empty flat cart. A store employee saw Cadle in an aisle with two men with whom Home Depot had experienced past theft problems. The men selected power tools and returned with the tools to a flat cart holding a vanity. Cadle took the cart to the checkout area but abandoned the cart and left the store. The other two men, who were in a van watching the door from which Cadle exited, pulled out of their parking spot. Cadle walked across the parking lot followed by the store employee. The vanity on the cart was packed with power tools. Cadle was convicted of theft and argued on appeal that his conviction was against the manifest weight of the evidence and that the trial court should have instructed the jury on attempted theft.

Rule of Law

Issue

Holding and Reasoning (Slaby, J.)

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