Wal-Mart Stores, Inc. v. Yarbrough

With due respect, I take a wholly different view than the majority. Just a few weeks ago we,decided Kroger Company v. Standard, 283 Ark. 44, 670 S.W.2d 803 (1984), on facts fundamentally indistinguishable from these. In Kroger, the customer admittedly was about to leave the store without paying for a ham when he was stopped in the store by the store manager. Here, the customer admittedly left the store without paying for a 59 cent felt tip pen. In both cases, the customer’s protestations of a lack of intent were supported by the j ury’s verdict, yet we held in Kroger that probable cause was…