State v. Greene
State v. Greene
Opinion of the Court
The defendant assigns error to the overruling of his motion to dismiss both charges. We believe this assignment of error has merit. We do not believe that in either case there was sufficient evidence that personal property was stolen for the cases to be submitted to the jury. Neither Ms. Steinbeck nor Mr. McConnell testified that she or he saw the defendant take anything from either store. Neither testified that anything was missing from either store after the defendant had been in them.
We hold it was error not to grant the defendant’s motion to dismiss the charges in both cases.
Reversed.
Dissenting Opinion
dissenting.
I dissent. In my opinion the evidence involves more than the question of recent possession. There is present evidence from which the jury could infer the defendant had stolen the merchandise. The trial judge properly submitted the case to the jury. I vote no error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.