State v. Bailey

Defendant was convicted in a jury trial of theft in the second degree, ORS 164.045(1), 1 for eating and not paying for an 87 cent package of cashews from the stock in her employer’s grocery store. She appeals, and we reverse.

Defendant first contends that the trial court erred in excluding evidence that it was the employer’s policy or practice to allow employes to eat food from the store and pay for it later. 2 We agree. At trial, defendant testified that she had intended to pay for the package of cashews but forgot to do so when “she got busy talking” to the cashier. She thus asserted the…