Joe Jones, hereinafter referred to as defendant, was tried аnd found guilty of the crime of Grand Theft, a felony, in violation of A.R.S. § 13-661 and § 13-663, as .amended, and sentenced to a term of not less than four years nоr more than five years in the Arizona State Penitentiary. From the conviction and judgment he appeals.
The evidence shows that Jones was ■charged with stealing an evaporative cooler valued in excess of one hundred dollars. The only issue involved in this appeal is that of the value of the cooler. Defendant ■contended that it did not have a value of a hundred dollars, and therefore he could not "have been convicted of more than a misdemeanor.
The evidence in the case was conflicting. The defendant’s evidence was to the effect that the cooler did not have a value of a hundred dollars, and the State’s еvidence was that it had a value of over a hundred dollars. Underhill on Criminal Evidence, Vol. 2, states:
“The criterion of value is the market value of the stolen property at the time and place оf the theft. Where such market value cannot be reasonably determined, other evidence of value may be received, such as value at the time of trial unless it appears that value at such time differs from that at the time of taking, or replacement cost, or purchase price. Similarly, if the stolen property hаs been sold since the theft, the amount received for it is comрetent.
“The owner’s opinion of the value of the stolen property is generally admissible. So, obviously, is that of an expert, or of one who, while not technically an expert, deals in the goods. * * * ”
The question of the value of property is one for the detеrmination of the jury. Murphy v. State,
The question then is whether there was substantial evidence before the jury to support the verdict. The evidence supporting the verdict shows that the cooler was new whеn it was purchased and installed; and that the purchase price was $181.50. Defendant’s employer, a dealer in coolers, testified:
“A You mean what I would get for it?
“Q Yes. What would you get for it?
“A I have gotten different prices.
“Q What prices have you gotten? Just in your own words, what have you gotten? Give us the range of prices.
“A $110, $115, but I have got to go pick it up and make a profit.”
Evidence in the case showed that the original рrice paid for the cooler was $181.-50. The cooler had bеen placed in the house, but never operated, as the house had not yet been occupied. The cooler was stolen from the house and was evidently in substantially the same condition аs when taken from the store. In the case of State v. Sorrell,
“ * * * The wholesale and retail рrices, established by experts if necessary, may fix the range within which thе jury may find fair market value. * * *
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“And finally, we will not disturb a lower court’s denial of а motion for new trial when it appears there was no abuse оf discretion. State of Arizona v. Quintana, *1692 Ariz. 267 ,376 P.2d 130 ; State v. Milton,85 Ariz. 69 ,331 P.2d 846 (1958). Nor will we weigh the evidence on a claim that the verdict is contrary to the law and to the еvidence unless there is an absence of substantial evidencе supporting defendant’s guilt. * * * ”
There was sufficient evidence from which the jury could find the market value of the stolen property at the time of the taking to have a value of one hundred dollars, or more.
Judgment affirmed.