Fanning v. State

The defendant was convicted of grand larceny upon an indictment containing two counts, one for larceny from the person, the other for obtaining money under false pretenses.

Motions in arrest of judgment and for a new trial having been overruled, he has appealed to this court.

On .a former day of this term, .we held that the ,two, offepses charged in this indictment, and that of *652which defendant was convicted, being of equal grade, the indictment could not be sustained under section 5121 of the Code, and the case of Tucker v. The State, 3 Heis., 484, construing said section, was cited in support…