State v. Arbogast

Given-, Judge:

At the May, 1949, term of the Circuit Court of Barbour County the grand jury returned an indictment against the defendant Herbert Arbogast charging larceny of a dog “aged seven months, of the value of one hundred dollars ($100.00) of the goods and chattels of one Woodrow Flint.” The defendant filed a demurrer and motion to quash the indictment. The trial court overruled the demurrer and motion to quash and, upon joint application of the parties, certified to this Court the following questions:

“1. Are the allegations in the indictment which charges the age of the dog alleged to…