People v. Gabler

Opinion by

Judge ROY.

Asserting error in the use of peremptory challenges, defendant, Victor Arnold Gabler, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of felony theft. We reverse and remand for a new trial.

Defendant was apprehended by department store security guards after being observed removing three bedskirts from the linen department and leaving the store with them without paying. The sole issue at trial was whether the merchandise taken was of sufficient value that the theft constituted a felony, or of a lesser value making the theft only a…