State v. Moon

The opinion of the court was delivered by

Burch, J.:

Appellant was convicted of grand larceny. The warrant upon which he was arrested described the stolen property as a cow of a given age, *350color, brand, and ownership. At the preliminary examination a number of witnesses were sworn and gave testimony on behalf of the state. The order of the justice binding appellant over was general in its terms, and made no specific reference to the charge contained in the warrant. The information added in some particulars to the description of the cow given in the warrant. Under a plea in abatement he claimed…