State v. Logan
| Decision Date | 31 May 1825 |
| Citation | 1 Mo. 532 |
| Parties | THE STATE v. LOGAN. |
| Court | Missouri Supreme Court |
In the Circuit Court of Wayne county, an indictment was found against Logan for stealing a book of the value of three dollars. A motion was made to quash the indictment on three grounds. The court sustained the motion, and quashed the indictment; to reverse which, the cause is brought up by writ of error.
The first reason to quash is, that the indictment is illegible. Of this we cannot judge, only we suppose it to have been legible; otherwise, the copy we have could not have been given.
The second reason is, that the indictment is uncertain in the value of the thing stolen. This reason is not well founded.
The third is, that there is no certain description of the nature of the offense, as the title of the book is not given. The objection is to the sufficiency of the indictment in not setting out the title of the book. We cannot conceive how it is necessary that the title of the book should be given. The substance of the offense is stealing a book of the value of three dollars. It cannot be material, whether the book was printed, written, or blank. If this book was in blank, it could have no title page, yet it would be the subject of larceny. The indictment is well enough.
The judgment is reversed, and remanded to the Circuit Court for trial, &c.
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United States v. Jones
...without stating the particular species. People v. Littlefield, 5 Cal. 355. 'One book,' without stating its title or character. State v. Logan, 1 Mo. 532; Turner State,102 Ind. 426,1. N .E.869. Numerous other authorities might be cited of like import. The request to call grand jurors for the......
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Turner v. The State
...dollars, the personal property of Levi W. Welker." We think that the description of the property stolen is sufficient. The case of State v. Logan, 1 Mo. 532, exactly in point, and the principle upon which the decision rests is decided in many cases. State v. King, 31 La.Ann. 179; State v. C......
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Com. v. Shaw
...of "nine printed books" was held good in Rex v. Johnson, 3 M. & S. 540. See 2 Archb.Crim.Pl. 356, note. So, also, it was held in State v. Logan, 1 Mo. 532, that description "one book," of given value, was sufficiently certain, the title not being given. So, also, in an indictment for steali......