People v. Franco

Opinion

DUNN, J.

At approximately 8:25 p.m. on October 23, 1968, appellant entered the front door of the Sav-On Drug Store in Oxnard. He went through a check stand and proceeded directly to the cigarette rack. He walked up very close to the rack, almost pressing against it. After scanning the back of the store, he removed a carton of Camel cigarettes from the rack with his left hand, placed the carton underneath his shirt, and put his arm down over the carton to hold it in place. He then turned and walked out of the store by the same route he had taken in entering.

The manager had seen appellant…