State v. Preston
Connecticut Supreme Court
728 A.2d 1087 (1999)
- Written by Kaitlin Pomeroy-Murphy, JD
Facts
On March 19, 1994, John Preston (defendant) entered a convenience store. The cashier, Karem Shaham, was told by another customer that Preston was hiding cigarette packs under his shirt. Shaham tried to prevent Preston from leaving the store. In the struggle, Shaham ripped Preston’s shirt and multiple cigarette packs fell out. At trial, Shaham testified that some packs remained in Preston’s shirt after it was ripped. He also saw Preston was hiding three bottles of liquor. They continued to struggle. In the parking lot, Shaham attempted to take one of the bottles from Preston. Preston grabbed it back and held it over Shaham’s head in a threat to strike him. Preston then escaped in a waiting car. Preston was charged with robbery in the first degree. During trial, he requested that the jury receive an instruction on the lesser crimes of robbery in the third degree and larceny in the sixth degree. The instruction on robbery in the third degree was allowed, larceny was not. Preston was convicted of robbery in the third degree and appealed. The appellate court found that Preston was entitled to an instruction of larceny and reversed the decision. The state (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Callahan, C.J.)
Dissent (Berdon, J.)
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