Foster v. United States

DANAHER, Circuit Judge.

This is a larceny case. D.C.Code 1951, Tit. 22, § 2201. Short of training a television camera on the scene, it is difficult to think of anything the prosecuting authorities might otherwise have done to complete the picture of the offense in progress. However, the appellant asserts that the jury erroneously “was permitted to render a larceny verdict notwithstanding the fact that no property was marked for or offered in evidence at the time of the trial.” The jury could have found that on at least ten or twelve occasions prior to November 6, 1952 the appellant and a…