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State v. Smith

New Jersey Superior Court

480 A.2d 236 (1984)

Facts

Smith (defendant) was a full-time student at a technical college. He went into a convenience store while carrying a large portable radio. Smith picked up three pieces of bubble gum and put the gum into his pocket, allegedly in order to leave his hand free to pick up other items. The bubble gum cost 15 cents. After he selected his other items, Smith went to the cash register to pay for his purchases. Before he paid, however, the store manager accused him of shoplifting the gum and summoned the police. Smith was arrested, charged, and prosecuted for stealing the gum. Smith filed a motion with the trial judge requesting dismissal of the charge under New Jersey’s de minimis statute.

Rule of Law

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Issue

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Holding and Reasoning (Lenox, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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