People v. Gilbert

Respondent was prosecuted and convicted of stealing personal property of the value of over $25. He was sentenced to prison at Ionia for the period of not more than 5 years and not less than 2£ years. The court recommended that he should serve 5 years.

In bringing the case to this court for review, respondent raises but one question. He insists that under the proofs he should have been convicted of larceny of goods under the value of $25 and sentenced accordingly. All of the proof tending to show the value of the stolen property to be greater than $25 was based upon the inquiry as to what it…