[Download] "State Idaho v. Larry Cleveland Price" by Supreme Court of Idaho No. 10496 " Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Larry Cleveland Price
- Author : Supreme Court of Idaho No. 10496
- Release Date : January 30, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The defendant-appellant, Larry Cleveland Price, together with defendants Curtis Lee Alexander and Patricia Alexander, were
charged with the crime of grand larceny alleged to have been committed in Buhl, Twin Falls County, Idaho, in September, 1968.
Price and Patricia Alexander were tried before a jury and found guilty as charged on May 20, 1969. At the end of the State's
case the appellant moved that the jury be given an advisory instruction to acquit. That motion was denied. Subsequent to the
trial and sentencing, appellant made a motion for a new trial, which motion was also denied. Appeal has been taken from the
judgment of the court and its order denying the motion for a new trial. Appellant offered no evidence in the trial court,
and it was his contention there, as it is here, that the prosecution failed to prove him guilty of grand larceny beyond a
reasonable doubt as a matter of law. The prosecution was compelled to rely on inferences to be drawn from uncontroverted circumstances in order to prove its case
at trial. On September 27, 1968, Iris Erb, who, with her husband, operates Erbs' market, in Buhl, placed $1,000 in five and
ten dollar bills in a blue bag in a cashbox under the #4 checkstand in that store. The total in the bag was then approximately
$1,500 in bills of the same denominations. During the afternoon the employees of the market removed nearly $300 from the bag
in order to change large bills and to cash customers' checks. At 5:30 p. m., Mrs. Erb removed $50 from the cashbox. She estimated
that, at that time, there was $1,200 in the bag which contained only five and ten dollar bills.