Gunter v. State

The indictment contained two counts, each charging grand larceny. The specific charge was that this appellant, and two others not on trial, feloniously took, and carried away from a dwelling house, $800 of lawful paper currency of the United States of America, consisting of $10 bills and $20 bills, a further description of which is unknown to the grand jury, of the value of $800, the personal property of James Lindsey, etc.

The indictment was demurred to by defendant; seven distinct grounds of demurrer being stated. The averment in the indictment, “from a dwelling house,” was mere surplusage.…