State v. Harris

CLARK, Judge.

The indictment charged in one count the larceny of one diamond ring with nine diamonds and one diamond ring with five diamonds. The State offered evidence that the store clerk gave to the defendant and defendant was wearing the ring with a cluster of larger diamonds when he grabbed the five-diamond ring and ran from the store. Defendant argues that the indictment was defective in that it failed to charge “larceny by trick” of the ring he was wearing. The argument lacks merit. There was no actual trespass in the taking of the second ring, but there was a technical trespass when…