State v. Lawrence

CROCKETT, Justice.

This case comes to us on an appeal from a conviction of grand larceny, arising out of the theft of an automobile. Two questions are presented: First, where there is no evidence of value except a description of the property involved, is it prejudicial error for the court to instruct the jury that the value of the property is greater than $50 and that if defendant is guilty at all he is guilty of grand larceny. The necessity of answering the first question in the *326affirmative gives rise to the second: Where such error has been committed, can the cause be remanded for retrial…