Dawson v. Pay Less Shoes 904 Co.

I disagree with the majority opinion because I believe the last paragraph of the contested instruction was in error. That portion of the instruction stated:

Therefore, if you find that Doris Dawson concealed unpurchased goods or merchandise upon her person, then the defendant’s employee and the police were entitled to detain her in a reasonable manner for a reasonable length of time, and your verdict should be for the defendant.

I cannot distinguish this instruction from the one given in Thiel v. Dove, 229 Ark. 601, 317 S.W. 2d 121 (1958). In Thiel the erroneous instruction stated:

You are…