Judgment of conviction unanimously reversed on the law and facts and a new trial granted.
Memorandum:
Upon the trial an issue of fact was presented as to whether the alleged larceny occurred in the County of Erie or in the County of Wyoming. The trial court properly refused to pass upon this as a question of law but neglected to present the factual issue to the jury. While there was no specific request to charge upon the subject, we believe that the trial...
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