Richie v. State

John A. Fogleman, Justice.

Appellant was found guilty of the charge of felonious possession of stolen property of a value in excess of $35 in violation of Ark. Stat. Ann. § 41-3938 (Repl. 1964) and sentenced to serve a term of 21 years in the State Penitentiary. He asserts and we agree that the trial court erred in giving the jury the state’s requested instruction No. 2 over appellant’s objection because the instruction included only the felony definition of the statute and omitted from the jury’s consideration the lesser included offense of misdemeanor possession of stolen property of a value…