People v. Davis

Opinion

MOSK, J.

We granted review to determine what crime is committed in the following circumstances: the defendant enters a store and picks up an item of merchandise displayed for sale, intending to claim that he owns it and to “return” it for cash or credit; he carries the item to a sales counter and asks the clerk for a “refund”; without the defendant’s knowledge his conduct has been observed by a store security agent, who instructs the clerk to give him credit for the item; the clerk gives the defendant a credit voucher, and the agent detains him as he leaves the counter with the voucher;…