Jewell v. State

PER Curiam : The judgment and sentence as to each defendant is affirmed with costs. Since the conviction of the defendants of grand larceny of a shotgun has to be based on the belief that the gun had a value of one hundred dollars or more, we are unable to rule, on the evidence offered, that the lower court was clearly erroneous in finding a verdict of guilty. The contention of the defendants that it was error to allow a deputy sheriff to corroborate the valuation placed on the gun by the owner is without merit. The deputy was qualified to express an opinion with respect to the value of the gun as is shown by the preliminary examination conducted to establish his qualifications to testify as an “expert”.

Sufficient knowledge having been previously shown, a witness who is familiar with the value of personal property is competent to .testify with respect to such value. But, even if the testimony of the so-called expert is disregarded, there remained sufficient evidence to sustain the conviction of grand larceny. Although the owner admitted on cross-examination that he had bought the gun at a bargain for fifty dollars, he had previously testified on direct examination that it was worth one hundred and ten dollars on the open market. The defendants concede that