People v. Hanselman

The defendant, who is appellant here, was convicted of the crime of grand larceny, averred to have been committed by taking three dollars from the person of F.O. Slanker.

The motion in arrest of judgment should have been granted. There is no pretense of an averment in the information that the thing alleged to have been taken was the property of any person other than the appellant. The attorney-general admits this omission to be a fatal defect, “unless the code had changed the rule.” But the code does not make any change which would justify a pkader in omitting from an indictment any essential…