Harrell v. State

Appellant was indicted and convicted of the larceny of “one Remington automatic shotgun, of the value of $50, the property of Gr. W. Barker,” and sentenced to the penitentiary for one year.

It is first contended that the indictment is too indefinite and uncertain to charge the larceny of the particular gun, as there are many Remington automatic shotguns. The third subdivision of § 3013, 0. & M. Digest, provides an indictment is sufficient if it can be understood therefrom “that the act or omission charged as the offense is stated with such a degree of certainty as to enable the court to…