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Home / Opinion Digests / Criminal – Prior Larceny Convictions – Jury Instruction – Consideration For Punishment (access required)

Criminal – Prior Larceny Convictions – Jury Instruction – Consideration For Punishment (access required)

The trial court erred in defendant's trial for petit larceny in failing to instruct the jury that defendant's previous larceny convictions should not be considered in determining guilt or innocence, but should only be considered in fixing punishment if his guilt was established by other evidence. A cautionary instruction to the jury is appropriate in a ...

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