People v. Gill

Edward Gill was convicted by a jury of larceny in a store. * His appeal raises 2 issues:

1) Was the jury prejudicially biased by reason of the prosecution’s reference to the reason why the store was under surveillance, i.e., that several thousand dollars’ worth of merchandise had disappeared prior to the theft with which Gill was charged?

2) Was defendant in possession of the merchandise so that there could not have been the felonious “taking” necessary to a charge of larceny?

We do not consider the merits of the first issue inasmuch as no objection or motion for mistrial was made in the trial…