Hugo v. City of Fairbanks

The City of Fairbanks (plaintiff) prosecuted Ellen Hugo (defendant) for shoplifting under an ordinance requiring "intent to deprive the seller of such goods without paying their purchase price"; at Hugo's bench trial, the prosecution could not disprove her claim that she intended to return and pay for the goods rather than permanently deprive the store of them. The trial judge ruled the ordinance required only intent to deprive, not intent to permanently deprive, and convicted Hugo, who appealed.