Robinson v. United States

NEBEKER, Associate Judge:

In his appeal from conviction of petit larceny (shoplifting of numerous packages of cold capsules from a chain drug store corporation) appellant contends the prosecution’s evidence was legally insufficient to prove that the capsules were unlawfully taken and carried away from the store. His motion for judgment of acquittal at the close of the government’s case was based on the same contention. We hold that the motion should have been granted. Accordingly, the judgment of conviction is reversed with instructions to enter a judgment of acquittal.

Appellant and his…