State v. Startzman

The opinion of the court was delivered by

Porter, J.:

The appellant was convicted of grand larceny. The information charged that in Dickinson county on the 18th day of August, 1921, and in the nighttime, he took and carried away fifty-five domestic chickens, the property of Daniel and Louisa McBeth, of the value of sixty dollars.

The court instructed the jury in substance that if the property taken consisted of domestic fowls of the value of twenty dollars or more, or if the fowls were taken in the nighttime, the offense would be grand larceny; that if the property taken was domestic fowls of a…