State v. Lawrence

CROCKETT, Justice. This case comes to us on an appeal from a conviction of grand larceny, arising out of the theft of an automobile. Two questions are presented: First, where there is no evidence of value except a description of the property involved, is it prejudicial error for the court to instruct the jury that the value of the property is greater than $50 and that if defendant is guilty at all he is guilty of grand larceny. The necessity of answering the first question in the affirmative gives rise to the second: Where such error has been committed, can the cause be remanded for retrial without violating the constitutional guarantee of the accused not to be placed twice in jeopardy for the same offense. After a consideration of the problems involved touching upon those questions we answer both in the affirmative.