Horace Marion Larson v. United States

MURRAH, Chief Judge.

This is an appeal from a judgment imposed pursuant to a jury verdict finding the defendant-appellant guilty, as charged, of stealing government property of a value in excess of $100.00.

The sole ground of appeal is that the form provided on which to enter the verdict and the instructions of the trial court did not afford the jury an opportunity to find the appellant guilty of a lesser included offense in the event they believed, in accordance with evidence presented by appellant, that the stolen property was valued at less than $100.00.

18 U.S.C.A. § 661 makes unlawful the…