138 So. 2d 269 | Ala. Ct. App. | 1962
This case was tried jointly with Adams v. State, ante, p. 483,
The only difference is that here the indictment charged that Thomas "feloniously took eighty dollars, lawful currency of the United States of America, * * * of the value of $82.00, the property of * * *" — in the form and manner set out in Code 1940, T. 15, § 259, No. 95. The discrepancy of $80.00 being worth $82.00 while an economic oddity need not present a legally fatal anomaly since coins of numismatic value might be adduced in evidence.
The verdict was guilty of grand larceny. Stealing money is grand larceny if the taking is of $25.00 or more. Code 1940, T. 14, § 331. The effect of this verdict was to acquit Thomas of the capital felony of robbery. Code 1940, T. 15, § 323; De Graaf v. State,
Under Barddell v. State,
Affirmed.