State v. Saylor

228 Kan. 498, 618 P.2d 1166 (1980)

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Nature of the Case

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Facts

Saylor (D) was observed taking full baskets of merchandise into the hardware department of the store leaving the department and returning with an empty basket. D then made a minor purchase and left the store. A cardboard toy box, which ordinarily would contain a $13.97 toy, was discovered in the hardware department. Its top had been recently glued. The store employees did not remove or touch the box. D returned and took the box to the cashier, who did not know of the prior incidents or facts and paid $13.97 for the box. D was arrested in the parking lot. The box contained merchandise valued at over $500. D was convicted of theft by deception. D appealed: the store knew about the box, and therefore was not deceived; D could only be guilty of attempted robbery by deception.