State v. Harris

OPINION

HOWARD, Chief Judge.

Appeal is taken from the judgment finding defendant guilty of grand theft and ordering that he be incarcerated in the state prison for a period of not less than ten years nor more than ten years and one day.

On June 28, 1974, two young black men entered the Emmerich Jewelry Store and were waited on by Mrs. Emmerich. While the men were looking at jewelry, one of them asked Mrs. Emmerich for a drink of water. She left the sales area and returned less than a minute later with the water. After drinking the water, the men left. Later in the day, Mrs. Emmerich discovered…