PEOPLE v. KELLY

Docket No. 21891.

66 Mich. App. 634 (1976)

239 N.W.2d 691

PEOPLE v. KELLY

Michigan Court of Appeals.

Decided January 8, 1976.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Patricia J. Boyle, Principal Attorney, Research, Training and Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

John L. Barkai, for defendant.

Before: BASHARA, P.J., and D.F. WALSH and W.S. WHITE, JJ.


PER CURIAM.

Defendant was convicted by a jury of larceny under $100, MCLA 750.356; MSA 28.588, and appeals.

On July 15, 1974, the defendant entered the Medicine Chest Drug Store. The defendant asked to see the pharmacist and was directed to the rear of the store. He was subsequently seen by a security guard leaving the store carrying a box of dishes.

The guard discovered the dishes had not been sold to the defendant and pursued him. The guard found...

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