Stofer

Defendant was accused of the crime of grand larceny in that he did, on August 23, 1905, wrongfully and feloniously “steal, take and carry away from the person and immediate possession of John Coleman twenty dollars in gold coin . . . and fifty cents in silver money,” the personal property of the said Coleman. The jury found the defendant guilty of grand larceny, and the court adjudged that the defendant be imprisoned for the term of ten years.

Defendant appeals from the judgment and the order denying his motion for a new trial.

Defendant was refused an instruction, the purpose of which was to inform the jury that the stealing of money less in value than fifty dollars would not constitute grand larceny unless it was taken from the person of another, and further to inform the jury of the two degrees in larceny, and that although guilty of stealing the money, the jury should have been given the opportunity under proper instructions to determine whether the crime was grand or petit larceny.

The court instructed the jury as follows: “There are but one of two verdicts that you can find in this case. . . . They will be ‘guilty of grand larceny,’ or ‘guilty as charged’; and ‘not…