dissenting.
Mr. Gouch testified that he had owned the lawn mower and edgers for two years but had no recollection of the price he paid for the items originally. Considering this testimony and the absence of evidence relating to the condition of the two-year-old stolen property, the jury could have rejected the unobjected-to replacement value testimony as easily as it could have accepted it. In its instructions to the jury, the trial court stated: “[defendant] denies the property is worth this amount [$400.00] of money.” Because the jury could have found from the evidence and the reasonable inferences therefrom that the value of the stolen items did not exceed $400.00, I believe the trial court erred in refusing to give the tendered instruction on misdemeanor larceny. See State v. Rick, 54 N.C. App. 104, 106, 282 S.E. 2d 497, 499 (1981). I, therefore, vote for a new trial.