Fosse

The appellant was charged in two separate indictments with two distinct crimes of larceny from a vessel alleged to have been committed on the night of the 13th of February, 1929. One indictment charged him with taking five skates of 48-pound hemp halibut gear, two 25-pound anchors, 200 fathoms 9-thread buoy line, belonging to Edward Lawler, from the fishing vessel Anna J., and the other indictment charged him with taking two skates of halibut gear, one canvas buoy bag, and 125 fathoms of 9-thread buoy line belonging to Hans Hansen, from the fishing boat Flattery. In each indictment it was alleged that the property was of a value of more than $35. The punishment for the theft of property exceeding $35 in value, under the Compiled Laws of Alaska 1913, § 1921, is not less than one year nor more than ten years. If the property does not exceed the value of $35, the punishment fixed therefor is not less than one month nor more than one year in the county jail or by fine of not less than $25 nor more than $100. Theft from a boat, however, under section 1922 of the Compiled Laws of Alaska 1913, is imprison *582 ment in the penitentiary not less than one nor more than seven years. The…