Masters v. State

It is insisted that the indictment is bad on demurrer, because it fails to allege that the possession was felonious, and as authority we are cited to State v. Seay, 3 Stew. 123, 20 Am. Dec. 66. In that opinion it is said:

“The rule deducible from these authorities is that the indictment must contain all the essentials to constitute the offense * * * and that they must not be left to inference.”

The rule is there well stated, but in that case the question related to stolen property, which involved a felonious taking, as well as a felonious possession, and without which there could be no…