Austin v. State

In an affidavit against appellant under Code 1930, Section 1010, it was charged that he “did then and there unlawfully take, steal and carry away” certain personal property. A demurrer was filed upon appeal to the circuit court but the record does not disclose any order thereon.

Although a felony is defined by Code 1930, Section 1369, as "any violation of law punished with death or confinement in the penitentiary,” and although Section 1010 does not make petit larceny so punishable, we have heretofore held that the use of “feloniously” in describing larceny is not merely descriptive of the…