State v. Hoyer
Supreme Court of Louisiana
APPEAL from the First District Court, Parish of Caddo. Hides, J. The tendency of modern jurisprudence is to relax tlio strict technical mies of the common law and look rather to substance than forms, to ideas rather than words. 32 Ann. 335. “ The object to be gained by the description of the stolen things, namely, to individualize transaction, will indicate liow definite it should be.” It is to enable the court to see from it that the things are in law subjects of larceny.
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APPEAL from the First District Court, Parish of Caddo. Hides, J. The tendency of modern jurisprudence is to relax tlio strict technical mies of the common law and look rather to substance than forms, to ideas rather than words. 32 Ann. 335. “ The object to be gained by the description of the stolen things, namely, to individualize transaction, will indicate liow definite it should be.” It is to enable the court to see from it that the things are in law subjects of larceny. Bishop O. P. 702. Goods charged to have been stolen must be described witb certainty to a common intent— that is with…
1Opinion of the Court
The opinion of the Coart was delivered by
McEnery, J.
The indictment against defendant charges him with having, on the 24th day of December, 1887, in the parish of Caddo, feloniously stolen “some bottled beer, valued at two dollars and fifty cents, the property of Bovida & Jurggler.” This is all the description and designation of the stolen property. It is insufficient. A minute and detailed description of the property stolen is not required, but there must be such a description, numerically and specifically, as to individualize the property wit|i legal certainty so that the jury can determine…
2Cited by2 opinions
- Rutherford v. StateMississippi Supreme Court · 1944
- State v. GreenSupreme Court of Louisiana · 1925