Moore v. State

DAUKSCH, Judge.

The Appellant was charged with grand larceny by stealing “approximately $142 of the value of more than $100.00.” He was convicted as charged. He complains the trial judge erred in refusing to charge the jury on the law concerning petit larceny. The trial judge refused because he said Appellant was charged with stealing more than $100 and the only proof was more than $100 therefore no instruction on petit larceny was necessary. No doubt the trial judge considered Brown v. State, 206 So.2d 377 (Fla. 1968), and particularly categories three and four defined therein. The question…