State v. Hayward

1. ~ <?frevSue:Piñ-f structions. I. The indictment charged the larceny of a box of shoes of the value of $35. The undisputed evidence showed that there were at least twenty-four pairs of shoes in the box, and that they were of the value of $1.50 per pair. In a general instruction, |jie jul,y was ^0ld that to convict of the crime charged the state must prove .the value of the shoes, and in another instruction it was said, in effect, that such value must be proven beyond a reasonable doubt. All of the evidence on the subject of value placed it at more than $30; and hence there was no occasion…