State v. Colby

Defendant Robert Leo Colby was tried by jury and convicted of retail theft of merchandise in violation of 13 V.S.A. § 2575(1). The retail value of the goods taken was in excess of $100.00; the offense was therefore a felony. 13 V.S.A. §§ 1, 2577(c). He instituted a timely appeal to this Court; we affirm.

The record on appeal discloses that at approximately three o’clock on the afternoon of May 7, 1980, a security officer of the Zayre Department Store in Rutland, Vermont, observed defendant pushing a shopping cart containing store merchandise which subsequently proved to be two tents and a…