The appeal is dismissed.

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, we affirm the judgment of the court of first instance that denied the habituality of the instant crime and acquitted the Defendant on the charge of habitual larceny among the instant facts charged, on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors in the misapprehension of legal principles as to habituality in the crime of larceny, which is contrary to logical and empirical rules or in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.