State v. Summers

Defendant’s appeal raises two questions.(1) Did the court err in failing to instruct the jury that they might return a verdict of guilty of larceny of property of a value of $200, or less?

State’s evidence tends to show that Willard Freeland withdrew $695 from a bank and loaned defendant $100, thereafter she took $400 from him and refused to return it, and he spent two days and nights with her at her home but she kept the money and it was never recovered. Defendant’s evidence tends to show that she and Freeland were lovers, he spent several days at her home and during this time drank heavily,…