AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

William CHEW, Appellant, v. UNITED STATES of America, Appellee.

PER CURIAM.

The appellant was convicted of grand larceny. He was seen in the act of stealing seven sport coats in a department store. He argues on appeal that a verdict of acquittal should have been directed because the Government failed to prove a value of at least $100 which, in this jurisdiction, is essential to a conviction of grand larceny. Section 22-2201, D.C. Code (1961). He also complains of the court's failure to instruct on the included offense of petit larceny.

The only proof of value was a hearsay statement that the coats cost the store $22.32 each — an aggregate of more than $100 — but the appellant did not object. Had he done so, the prosecution would have had an opportunity to introduce direct evidence of value. In such circumstances, we do not consider it proper to notice the error, although we may do so under Rule 52(b), Fed.R.Crim.P., 18 U.S.C.A.

It was unnecessary to instruct on petit larceny because there was nothing in the evidence to indicate a value of less than $100. Burcham v. United States, 82 U.S.App.D.C. 283, 163 F.2d 761 (1947). Moreover, such an instruction was not requested and no objection to its omission was made.

Affirmed.

Use AI to get other relevant cases.

Comments

CHEW v. UNITED STATES
(Jan 25, 1962)