Burwell v. State

This case is before us on petition to transfer. The Court of Appeals affirmed the conviction for theft in Burwell v. State (1988), Ind.App., 524 N.E.2d 817. A majority of the court has denied transfer.

The facts, as related by the Court of Appeals, are as follows: On November 9, 1985, the head of security for Kohl's, a retail establishment, watched Burwell place a microwave oven onto a shopping cart and push the cart to a cashier's station. Security heard Burwell tell the cashier that he had a bad back, and that he needed assistance in transporting the microwave to his car. Burwell testified…