Whittington v. State

The appellant was tried in the lower court on an indictment which charged that during the month of March, 1937, in Anne Arundel County, he “did then and there feloniously steal, take and carry away” forty pounds of tobacco “of the value of ten dollars” of the goods and chattels of a designated owner. A demurrer to the indictment was filed, on the principal ground that the larceny was alleged to have been “feloniously” committed. The indictment was sustained, as against the demurrer, and the defendant then elected to be tried before the court sitting as a jury. The trial resulted in his…