State v. Louk

Miller, Justice :

The defendant, Garrett Elwood Louk, was convicted of burglary in the Circuit Court of Preston County and was sentenced to from one to fifteen years in the State penitentiary. Two major points are claimed for reversal. First, defendant asserts that petit larceny was a lesser included offense under the burglary indictment and the trial court erred in refusing to instruct the jury that a petit larceny verdict was an option which it could consider. The second ground is that the evidence was insufficient to support a conviction.

I

The question whether the offense of larceny is a…