People v. Berry

Plaintiff in error, Ralph Winford Berry, was indicted in the circuit court of Hancock County for the crime of grand larceny. The indictment contained five counts. Counts 1 and 2 charged the stealing of 139 bushels of corn from Mertie Cox, or his custodian. Count 3 alleged stealing 65 bushels of corn from Ernest James. Counts 4 and 5 involved stealing 91 bushels of corn from E. D. Crawford, or his custodian. The dates of these alleged larcenies were claimed to be May 16 and May 20, 1949.

The defendant made an oral motion to quash the indictment on the ground of misjoinder, and because the…