This case was tried jointly with Adams v. State, 4 Div. 457, Ms., November 21, 1961.
The only difference is that here the indictment charged that Thomas "feloniously took eighty dollars, lawful currency of the United States of America, * * * of the value of $82.00, the property of * * *"—in the form and manner set out in Code 1940, T. 15, § 259, No. 95. The discrepancy of $80.00 being worth $82.00 while an economic oddity need not present a legally fatal anomaly since coins of numismatic value might be adduced in evidence.
The verdict was guilty of grand larceny. Stealing money is grand larceny if the taking is of $25.00 or more. Code 1940, T. 14, § 331. The effect of this verdict was to acquit Thomas of the capital felony of robbery. Code 1940, T. 15, § 323; De Graaf v. State, 34 Ala.App. 137, 37 So.2d 130; Kelly v. State, 235 Ala. 5, 176 So. 807.