Millner v. State
Millner v. State
Opinion of the Court
delivered the opinion of the court.
Millner was indicted and convicted of stealing “one ■railroad ticket from Knoxville, Tennessee, to Washington, D. C., of the value of seventeen dollars.” The trial judge charged that a railroad ticket as such was personal property, and the subject of larceny. The prisoner, after conviction, moved in arrest of judgment upon the following grounds: That a railroad ticket is not the subject of larceny at common law, that the description of the ticket stolen in the indictment is not sufficient, and that the indictment is not drawn under- the Code,, section 4693, there being no statute .in this State making the stealing of a railroad ticket, as such, larceny. Error is assigned on the charge, and in the failure of the trial court to arrest the judgment.
At common law larceny could not be committed by taking and carrying away a mere evidence of debt, even if it were a bank note passing as money, the reason being that the taker would not thereby get either the money due, or the right to receive it. This exception has been abrogated everywhere by statute, and in this State by the provision of the Code cited. Any instrument or writing, therefore, of value falling within the statute would be the subject of lar-cepy. An indictment in the common law form for larceny, sufficiently describing the instrument or writing, would be good, as provided by the Code, section 5119. Or the indictment will be good if it contain a statement of facts constituting the offense in ordinary and concise language, without prolixity or repetition, even where the common law prescribes particular and technical language to describe the offense: Code, secs. 5114, 5120; State v. Swafford, 3 Lea, 162; Wedge v. State, 7 Lea, 687. Accordingly, . an indictment for stealing “ ten five dollar bank bills,” without more, has been held sufficient: Ryland v. State, 4 Sneed, 357; State v. Hall, 2 Leg. Rep., 105. It was said
A railroad ticket, which authorizes the holder to travel, without other charge therefor, on. the trains ■of a railroad company, or a series of railroad companies connected with each other, between distant points, is undoubtedly a valuable writing or instrument under our statute, and the personal property of the rightful owner. An indictment for the larceny of such a ticket
Affirm the judgment.
Reference
- Full Case Name
- Captain Millner v. State
- Cited By
- 3 cases
- Status
- Published