Mitchell v. State

The' indictment charged the larceny of twenty-one journal brasses of the aggregate value of $82. On the trial, the solicitor stated that the state did not insist on a conviction for grand larceny. It then proceeded to introduce evidence tending to prove the theft of twenty-one journal brasses from the party alleged to have been injured, and one of the brasses was introduced in evidence; but there was no evidence tending to prove the value of the brasses alleged to have been stolen.

In his oral charge to the jury, the court instructed them on the question of value as follows: “Now, you have no…