Alexander K. Ransom v. United States

337 F.2d 550, 119 U.S. App. D.C. 154, 1964 U.S. App. LEXIS 4290

• Court: Court of Appeals for the D.C. Circuit
• Decided: September 24, 1964
• Docket: 18555
• Status: Published

Opinion

PER CURIAM.

Appellant was convicted on both counts of an indictment, one charging housebreaking, 22 D.C.Code § 1801, and the other grand larceny, 22 D.C.Code § 2201. He was given a general sentence under the Federal Youth Corrections Act, 18 U.S.C. § 5010(b). 1 He does not press the appeal from his conviction of housebreaking, which is affirmed, and he does not challenge the sentence. He does contend that his conviction on the count charging grand larceny cannot stand.

In our view the evidence of value of the articles involved in the charge of grand larceny is inadequate to sustain the finding of the jury that they were of the value of $100.00 or upward. For this reason the grand larceny conviction must be reversed, though the sentence remains unaffected.

It is so ordered.

1 . The sentence portion of the judgment reads as follows:

It Is Ajuuged that the defendant is hereby committed to the custody of the Attorney General or his authorized representative pursuant to Section 5010(b), Title 18 of the U.S.Oode under the provisions of the Federal Youth Corrections Act.