State v. Shelton
Tennessee Supreme Court
FROM GRAINGER. Appeal in error from Circuit Court of Grainger 'County. W. R. IIicks, J.
1Opinion of the CourtSnodgrass, J.
Indictment charging that defendant “ unlawfully broke and entered the store-house of Saunders & Co., with intent to steal, take, and •carry away the dry goods, groceries, and money of said Saunders & Co. of the value of $100, against the peace and dignity of the State,” was quashed on motion because it did not set out and define *540tlie felony intended to be committed, and aggregated the value of the property specified in the indictment as that which defendant intended to steal.
The indictment must set out the felony. It is not sufficient merely to say that a felony was intended, or to name it as…
2Cited by2 opinions
- State of Tenn. v. CornellisonTennessee Supreme Court · 1933
- Hooks v. StateTennessee Supreme Court · 1926