State v. Day

I dissent only from the order of remand for new trial. The Defendants have been properly convicted of the crime of Larceny. There is only one crime of Larceny and the terminologies of “petty” and “grand” only describe the degree of the crime. State v. Thomes, 126 Me. 163, 136 A. 726 (1927). While the property stolen must be of some value (State v. Pelkey, Me., 238 A.2d 611 (1968)), value is in no other respect an element of the crime. At the time of Defendants’ trial the law’s only other concern with value was whether it was or was not in excess of $100 in order to deter*337mine the limits of…