Harris v. State

CATES, Presiding Judge.

Grand larceny (shoplifting $67.50 worth of phonograph records); sentence, ten years imprisonment.

I

The State put two security employees of Southeast Zayre, Inc. on the witness stand. Their testimony was that Harris and another man took record albums from store counters, put them in a brown paper sack, went through an unattended cash register aisle, and left the store without paying. They were overtaken by a citizen’s arrest made some eight feet from the door.

The defense offered no evidence.

II

The trial judge instructed the jury in part:

“The law further says that if a…