Sprague v. State

Appellant, in the court below, was indicted, tried and convicted of grand larceny. §2451 Burns 1926. On appeal to this court he has assigned as errors the overruling of his motion to “quash the first paragraph of the indictment”; the overruling of his motion to be discharged under the statutory third term rule; and the overruling of his motion for a new trial.

The motion to quash is predicated on the theory of. two indictments, and the failure of the grand jury foreman to indorse on each “A True Bill” and sign the same. The indictment in form for grand larceny and for embezzlement was complete…