Indiana Supreme Court, 1838

Wills v. State

Wills v. State
Indiana Supreme Court · Decided January 13, 1838
4 Blackf. 457; 1838 Ind. LEXIS 39

Wills v. State

Opinion of the Court

AN indictment charged that the defendant did feloniously stal, take, and carry away, one watch of the value of five dollars, &c. Plea, not guilty. Verdict, “We find the defendant guilty of petit larceny, and that he be imprisoned,” &c. Motion in arrest of judgment overruled, and judgment on the verdict. Held, that the use of the word stal instead of steal, was not a sufficient cause to arrest the judgment; but that the verdict did not authorise the judgment, as the defendant might have been guilty of petit larceny without being guilty of the in the indictment.

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