State v. Rich

Appellant, Robert Michael Rich, was charged on March 29, 1985, in the municipal court of Lincoln with larceny, a violation of Lincoln Mun. Code § 9.32.060 (1975). On April 25, 1985, trial was held, Rich was found guilty by the court, and was sentenced to 6 months’ probation and a $25 fine. Rich appealed to the district court, which affirmed the judgment, and then appealed to this court. For the reasons stated below we reverse.

On March 7, 1985, Rich shopped in a convenience store where he was observed by the store’s owner through a one-way mirror. At trial the owner testified that she observed…