Kelly v. State

In tbe case of Henderson v. The State, •decided at the last term, we held, that where an indictment, framed under section 4343 of the Code of 1876, describes the specific class of articles mentioned in the statute as kept in certain described buildings, for use, sale, or deposit, as “goods,” or “ merchandise-,” no averment need be made that they are valuable, the statute itself conclusively presuming that they are so. But, if the thing deposited is alleged to be anything else than goods or merchandise, it must be averred to be valuable, although its particular value in dollars and cents need…