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SMITH v. STATE

213 A.2d 861 (1965)

Rafael Raymond SMITH, Appellant, v. STATE of Delaware, Appellee.

Supreme Court of Delaware.

October 15, 1965.

Attorney(s) appearing for the Case

Henry A. Wise, Jr., and Michael F. Tucker, Wilmington, for appellant.

F. L. Peter Stone, Deputy Atty. Gen., for appellee.

WOLCOTT, C. J., and CAREY and HERRMANN, JJ., sitting.

HERRMANN, Justice:

After jury trial, the defendant was convicted in the Superior Court of grand larceny of cigarettes from a retail food market. The question presented on this appeal is whether there was evidence of a felonious taking sufficient to support the verdict. The undisputed facts are these:

At about 3:00 P.M. on July 10, 1964, the defendant emerged from an Acme Market in a merchandise mart near Wilmington, pushing a shopping cart which contained...

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