February 19, 2016

Hardy v. LaBelles Distributing Co. | Case Brief - 203 Mont. 263, 661 P.2d 35 (1983) - Supreme Court of Montana

Facts: Hardy was accused of stealing a watch.  An assistant manager took her into a room to be questioned under the pretense of a tour.

Issues:

1) Is evidence enough to support the verdict and judgement?

2) Did the district court err in the issuance of its instructions.

Holdings:

1) Yes

2) No

Rationale: No threat of force was made to make her stay and she testified she would have gone in anyway.

Disposition: Not detained against her will.  District Court did not err in its instructions and affirmed ruling in favor of the defendant.