Rutherford v. State

This appeal is from a conviction of the appellant for grand larceny under an indictment charging him with the theft of “a quantity of clover seed, the personal property of Charles Fletcher, and of the value of more than $25 in lawful money.” A demurrer was interposed to this indictment on the following grounds: “(1) because it is vague, uncertain and indefinite; and (2) because that if acquitted or convicted thereunder the defendant could not plead former acquittal or former conviction because of the said indefiniteness in that the number of pounds or bushels of clover seed claimed to have…