Stout v. State

In this case, the indictment against the appellant, and four other named persons, contained two counts. In the first count, it was charged in substance, that the appellant and his co-defendants, “on the 11th day of May, A. D. 1881, in said county and State aforesaid, did then and there feloniously steal, take and carry away eight pairs of boots, of the value of $25, of the goods and chattels of Elsberry W. Crane then and there being found, contrary to the form of the statute,” etc.

The second count of the indictment was apparently -predicated on the same transaction as the one described in the…