Terral v. State

OPINION

By the Court,

Thompson, C. J.:

The controlling question is whether one may be lawfully convicted of the crime of larceny from the person when the property taken was near the victim but not on his person. We hold that the conviction is not authorized and must be set aside.

The record shows that Terral snatched gaming tokens of the value of $250 from a crap table rack immediately in front of the victim who was gambling at the Dunes Casino. For such conduct he was charged with grand larceny and also larceny from the person. The jury acquitted him of grand larceny, but found him guilty of…