[Download] "Rodney Lee Smith v. Municipality Anchorage" by Court Of Appeals Of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Rodney Lee Smith v. Municipality Anchorage
- Author : Court Of Appeals Of Alaska
- Release Date : January 15, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
COATS, Judge. OPINION Rodney Smith was convicted of concealment of merchandise in violation of AMC 8.05.550(B). 1 On appeal Smith argues his conviction should be reversed because the jury was not instructed that in order to convict him the jury had to find proof that he had a specific intent to conceal and a specific intent to permanently deprive the owner of the merchandise. We conclude that the ordinance does not require a specific intent to permanently deprive the owner of the merchandise. However, we interpret the ordinance as requiring an intent to conceal merchandise. We find that the instructions which the trial court gave in this case sufficiently informed the jury of the requirement of an intent to conceal and, accordingly, we affirm Smith's conviction. On January 9, 1981, in the Gambell Street Safeway store, security guard Kenneth Ray observed Smith carrying a bottle of Calvert's Extra whiskey. When Ray approached Smith, he observed a bulge in Smith's jacket. Smith then walked to the back of the store and left the bottle of whiskey in a section of wine bottles. Smith was ultimately convicted of concealment of merchandise.