People v. Kamm

This writ brings up for review the conviction of plaintiff in error of “attempted petit larceny, value of property $14 upon the indictment.”

The indictment charges plaintiff in error with attempted burglary as defined in section 37 of our Criminal Code [Cahill’s St. ch. 38, [[66]. The intent necessary to the commission of that offense as specified in the indictment is to steal, etc., the personal goods, etc., of a certain corporation. There is no allegation therein of the value of the goods.

Upon the assumption that the crime thus charged includes the misdemeanor of which plaintiff in error was…