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Articles Posted in Criminal Procedure

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Defendant Says Court Failed to Instruct the Jury Properly

Appellant was charged with and convicted of robbery of property having a value of less than $100. He raises four points on appeal, one of which requires discussion and reversal. A Palm Beach Petit Larceny Lawyer said that, although the evidence presented at trial would have supported a conviction of…

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Court Discusses Elements of Petit Theft

This case is about an appeal filed by a juvenile from an adjudication of delinquency for robbery and a subsequent commitment to the Florida Department of Health and Rehabilitative Services. A New York Criminal Lawyer said the central question presented for review is whether the state established a prima facie…

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Defendant Claims Jury Instruction was Inappropriate

In this case, Appellant appeals from a judgment convicting him of the crime of robbery. Appellant’s only contention on appeal is that the trial court erred in failing to give proper instructions as to the lesser included offenses of grand larceny and/or petit larceny. Appellant conceded that he did not…

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Appellate Court Agrees Prejudicial Error Committed at Trial

In this criminal case, defendant was convicted by a jury on three counts of willful attempt to evade or defeat his federal income tax due for the years 1970, 1971 and 1972, in violation of 26 U.S.C. § 7201. He was sentenced to one year imprisonment on each count, the…

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Court Reverses Grand Larceny Charges

An owner of a truck appeals for the convictions of grand larceny of a truck, petit larceny of its contents, and trespass on property. It was started when a man took possession of the truck and began making monthly installment payments after agreeing to purchase it from a long-time friend.…

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Appellant Claims Statute of Limitations Had Run

In this case, the Appellant raised on appeal his conviction on charges of conspiracy to commit a felony, to wit: grand larceny; and petit larceny. He was initially charged by information with grand larceny, conspiracy, and several counts of forging and uttering uniform air bills. A New York Criminal Lawyer…

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Defendants Claim Insufficient Evidence in Theft Charges

The petitioner was adjudicated delinquent on the charge of petit larceny of items valued at $100 or more but less than $300, a first degree misdemeanor. Although the State presented evidence about the items taken, it offered no evidence of their value. The petitioner failed to object, however, or to…

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Appellate Court Reverses Grand Larceny Charges

In this case Appellant, defendant below, filed this appeal from a final judgment of conviction and a sentence of three years probation entered pursuant to a jury verdict finding him guilty of two counts of grand larceny. Our review of the record reveals that appellee, the prosecution below, did not…

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Court Discusses Jury Instruction for Lesser Included Offenses

An accused man appeals his conviction for the offense of robbery with a deadly weapon, urging that the trial court erred in refusing to give requested jury instructions on the lesser included offenses of robbery with a weapon, robbery without a weapon, and petit larceny. A New York Criminal Lawyer…

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Court Discusses Petit Larceny Case

An accused man filed for an appeal from a final judgment of his conviction and a sentence of three years probation entered by a jury decision finding him guilty of two counts of grand larceny. A New York Criminal Lawyer said the district court however reviewed the record and reveals…

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