State v. Marlowe

COZORT, Judge.

Defendant was indicted for felonious breaking or entering and felonious larceny pursuant to breaking or entering. The jury acquitted defendant of the breaking or entering charge, but convicted him of felonious larceny. The trial court instructed the jury on the law concerning property taken after a breaking or entering and on “acting with another,” but did not instruct the jury that they were to fix the value of the property stolen. The primary question for our consideration is whether the trial court erred in accepting the verdict of guilty of felonious larceny, rather than…