Smith v. State

Townsend, Presiding Judge.

1. The amended motion for new trial contends that it was error, on the trial of an indictment charging the defendant with simple larceny in that he did take and carry away a certain described cow with intent to steal the same, for the court to fail to charge in the absence of request the language of Code § 26-2602 relating to simple larceny and Code § 26-2607 relating to cattle stealing. It is better practice to define the offense in the language of the Code. However, where, as here, the court read the indictment to the jury, which indictment was in the language of…