In Re Fudge

McBride, J,

Appellant was found to be delinquent in the Juvenile Court by reason of a theft of a bag of candy in a retail food store. For error he asserts that there was a failure to prove (1) the. lack of consent by the owner or custodian of the stolen property and (2) the age of the accused.

I

The evidence, as stipulated, indicates that appellant picked up a hag of M & M candy and walked behind a display counter. Later, when he was confronted he removed the bag of candy out of one of his socks. .

While there is a question whether this taking was by deception or without consent under the…