Gerald A. Mahle v. State Alaska

AREND, Justice. Gerald A. Mahle, defendant below, appeals from his conviction of the crime of larceny in a building. 1
He bases his appeal upon the refusal of the trial court to give a requested instruction to the jury on shoplifting as a lesser
offense included within the crime of larceny in a building. It was established at the trial that on May 30, 1963, in the late afternoon the manager of the Spenard Piggly Wiggly store,
while observing the defendant about to leave the store, saw a steak drop from underneath his coat. The manager thereupon grabbed
the defendant and in the ensuing scuffle eight more hidden steaks were dislodged from the defendant's belt and fell to the
floor. With the help of two other men, the manager finally subdued the defendant and held him for the police. The steaks were
the property of the owner of the store and had a total value of $15.12.