Opinion

Saunders v. United States

  • 317 A.2d 867
  • 1974 D.C. App. LEXIS 398
Court
District of Columbia Court of Appeals
Filed
Apr 1, 1974
Status
Published
Author
Pair
On the bench
Kelly, Fickling
Cited by
23 cases
Authority
More cited than 84.5%

The opinion

PAIR, Associate Judge:

Charged in a one-count indictment with grand larceny

1

appellant was, after a jury trial, found guilty. The sole issue on this appeal is whether there was sufficient evidence from which the jury could have found that the value of the articles which were the subject of the larceny was $100 or more.

We are unable to determine from the record brought here whether the sufficiency of the evidence as to value of the articles involved was challenged by a motion for a judgment of acquittal at the close of the government’s case.

Cf.

Crawford v. United States, 126 U.S.App.D.C.

*868

156, 325 F.2d 332 (1967). However, the un-controverted testimony of a buyer for Woodward & Lothrop was that the articles stolen and recovered had a retail value of $248 and a wholesale value of $124. Appellant contends that the government was required to qualify the witness as an expert before he could express an opinion as to value. The market value of a chattel, of course, may be established by the testimony of its non-expert owner.

See generally

cases in Annot., Opinion Evidence— Value, 37 A.L.R.2d 967

et seq.

(1954).

In this jurisdiction testimony of a management employee as to the value of a chattel is generally acceptable (Owens v. United States, 115 U.S.App.D.C. 233 , 318 F.2d 204 (1963)) ; and the relevant market value is usually the retail value (Gaither v. United States, 134 U.S.App.D.C. 154 , 168, 413 F.2d 1061, 1075 (1969)).

Accord,

People v. Williams, 169 Cal.App.2d 400 , 337 P. 2d 134 (1959); Jewell v. State, 216 Md. 110 , 139 A.2d 707 (1958); State v. Gyuro, 156 Conn. 391 , 242 A.2d 734 , cert. denied, 393 U.S. 937 , 89 S.Ct. 301 , 21 L.Ed.2d 274 (1968); Maisel v. People, 166 Colo. 161 , 442 P.2d 399 (1968).

See also

People v. Irrizari, 5 N.Y.2d 142 , 182 N.Y.S.2d 361 , 156 N.E.2d 69 (1959), and cases cited therein.

But assuming,

arguendo,

that the wholesale, rather than the retail, value of the articles is controlling, the testimony clearly establishes that the value of the articles here involved was well in excess of $100. Thus, there appears to have been ample testimonial — as well as demonstrative — evidence from which the jury could have found, as it did, that the value of the articles was in excess of $100.

Viewing the evidence in the light most favorable to appellee, as we are required to do, and giving the trier of the facts the benefit of all justifiable inferences legitimately drawn from the evidence (Smith v. United States, D.C.App., 295 A.2d 64, 67 (1972); Kenhan v. United States, D.C.App., 263 A.2d 253, 254 (1970)), we cannot say that the evidence as to the value of the stolen articles was insufficient to support the jury’s' determination of appellant’s guilt of grand larceny. It follows that the judgment appealed from is

Affirmed.

1

. D.O.Code 1973, § 22-2201.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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