Irwin v. SWO Acquisition Corp.

MEMORANDUM OPINION

GARRETT, Presiding Judge:

Arthur Irwin (Irwin) was in a grocery store operated by SWO Acquisition Corporation d/b/a Safeway and/or Homeland (Homeland). A security guard testified that he observed Irwin pick up a package of tobacco and place it in his coat pocket. The evidence, in this respect, was disputed. He proceeded to the checkout stand and paid for two other articles, but did not pay for the tobacco. When he left the grocery store, he was approached by the security guard, accompanied by another security guard. When accosted by the officers, Irwin gave them the tobacco…