Mahle v. State

AREND, Justice.

Gerald A. Mahle, defendant below, appeals from his conviction of the crime of larceny in a building. 1 He bases his appeal upon the refusal of the trial court to give a requested instruction to the jury on shoplifting as a lesser offense included within the crime of larceny in a building.

It was established at the trial that on May 30, 1963, in the late afternoon the manager of the Spenard Piggly Wiggly store, while observing the defendant about to leave the store, saw a steak drop from underneath his coat. The manager thereupon grabbed the defendant and in the ensuing scuffle…