Smith v. Commonwealth

WADDILL, Commissioner.

Appellants were convicted of the crime of grand larceny and sentenced to one year in prison. They seek a reversal of the judgment, urging that (1) the court erred in failing to sustain the demurrer to the indictment; and (2) the verdict was flagrantly against the evidence.

In support of their first contention appellants claim that the indictment was fatally defective in failing to-state the property was taken “against the will, or without the consent of the owner.” There is no merit in this contention for the reason that the indictment alleges that appellants “ * * * did…