Welch v. Commonwealth

425 S.E.2d 101 (1992)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was observed inside the Lowe's Department Store walking toward the appliance section where television sets are displayed. The store manager was alerted by a store employee to respond to the lawn and garden section of the store, which is located in a fenced area outside the store's building. This area does not have any cash registers, and there is a gate in the fence that leads to the public parking lot of the premises. When the manager arrived, he saw D 'pushing a grocery cart with two televisions in it' toward the back of the premises in the lawn and garden section. D was approximately thirty feet from the exit in the lawn and garden department, heading 'towards the gate.' When D saw the manager, D backed away from the cart. When asked for a receipt D said they weren't his, and that he was looking for a place to go to pay for them. D agreed to go back into the store with the manager, but as the two men were walking toward the store, D fled the premises. The manager pursued him across the store's parking lot, a street, and into another parking lot. At that point, D stopped, turned around, reached into his back pocket, and warned the manager that he had a gun. He stated, 'don't make me shoot you.' D then resumed running away, whereupon the manager observed that D was unarmed. The manager pursued and ultimately apprehended him. The lawn and garden area was open to the public to select items for purchase. However, the area is located outside the confines of the store building, and customers making selections of merchandise in that area must go back into the store to purchase the selected items. At the time of his arrest, D identified himself to the police as Jeffrey Lavear Allen and provided the police with a fictitious date of birth and social security number. D moved to strike the grand larceny charge. The trial court denied the motion, and D chose not to testify or put on any evidence. D was convicted and appealed the grand larceny charge.