Prim v. State
Prim v. State
Opinion of the Court
The indictment is complained of in this prosecution for vagueness and uncertainty, in not alleging, in apt language, an offense known to the law; and in not alleging the asportation of the property charged to have been taken by the defendant in the prosecution. Unlike the common law, the Criminal Code of this State in prosecutions for theft has dispensed with the use of. the word “ feloniously” in indictments for that crime, and has substituted the word “ fraudulently,” as expressive of the wrongful or criminal taking, and has super-added other words to constitute the definition of the offense. If the charge in the indictment declares, in language easily to
The judgment of the court below is affirmed.
Affirmed.
Reference
- Full Case Name
- Charles Prim v. State
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1— In indictments for theft, under our statute, it is not necessary to allege an asportation or carrying away of the property stolen. 2— In prosecutions for theft, our Code has dispensed with the common law word “feloniously,” and has substituted the word “fraudulently” as expressive of the criminal taking. 3— Asportation or removal of the property is not necessary to constitue the crime of theft in this State.