State v. Traylor

Carley, Judge.

Appellee was accused of theft by taking in an indictment alleging that he “did unlawfully appropriate and take the following property, to wit: six - 125 pound bag[s] of peanuts, of a value exceeding $200.00 and the property of J. M. Henson Company, 673 Wells Street, with the intention of depriving said owner of said property...” Appellee’s motion to quash this indictment was granted on the ground that it “is insufficient as to the description of the items taken.” The state appeals.

“In an indictment for larceny the description of the stolen property should be simply such as, in…