State v. Mack

Defendant appeals from a conviction of second degree theft of lost or mislaid property.1 The principal issue on appeal is whether the conviction can be sustained in light of the state’s undisputed proof at trial that the property in question was either stolen or taken without permission rather than lost or mislaid.

Defendant owns and operates a jewelry store. Sometime in June 1976, two boys brought a diamond ring to the store and asked defendant’s assistant how much it was worth. After examining the ring, defendant stated that it would be worth $50 to him. Later, one or both of the boys…