People v. Allen

KIRSHBAUM, Judge.

Defendant appeals his conviction of theft claiming the evidence was insufficient to support the trial court’s guilty verdict. We reverse.

Defendant and two companions were arrested on January 26,1978, near a Westland May-D & F department store in an automobile which contained four coats with untorn May-D & F price tags. At trial a May-D & F employee testified that .normally sales tags were torn when garments were sold, but that on occasion they were not torn. John Dittmer, an employee of the Westland store, identified the coats as May-D & F merchandise, but stated that he…