People v. Phebus
Michigan Court of Appeals
323 N.W.2d 423 (1982)
Relevant factsFree
Phebus (defendant) switched a $1.88 price tag from an unfinished shelf onto a finished, $6.53 shelf and purchased it at the fraudulent lower price. Store detectives, who had witnessed the switch, stopped him. Phebus was charged with larceny by trick, but the circuit court quashed the charge, finding the facts instead supported theft by false pretenses. The prosecution appealed.
IssueFree
Whether obtaining both title and possession of another's property through fraud or deception constitutes theft by false pretenses rather than larceny by trick.