People v. Phebus

323 N.W.2d 423 (1982)

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Nature of the Case

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Facts

D was charged with larceny in a building. A store detective testified that she had observed D remove a price tag marked $ 1.88 from an unfinished decorator shelf and place it on a finished decorator shelf, which had been marked $6.53. D then walked over to his wife and spoke with her. The wife then picked up the finished shelf and placed it in their shopping cart. They went through the check-out area and paid $1.88. D was stopped outside the store by the store detectives. D was arrested and charged with larceny in a building. D moved to quash the information, arguing that the evidence presented at the preliminary examination did not establish the elements of larceny. The court quashed the information, finding that the elements of false pretenses, but not those of larceny. P appealed.