20 Ind. 442 | Ind. | 1863
Prosecution for petit larceny. The information charges that Michael Dougherty on, &c., at, &c., did unlawfully and feloniously steal, take and carry away three horse shoes, of the personal goods and chattels of William B. Brown, and of the value of 75 cents; and he, Michael, in default of 100 dollars bail, required by the Mayor of the city of Fort Wayne, to secure his appearance at the next term of the Allen Circuit Court, to answer said charge, was committed to the jail of Allen county, where he is now confined, and that there is no indictment now pending against him for said charge. And further, that at the February term, 1855, the said Michael was indicted in the Allen Circuit Court for the crime of petit larceny; that he pleaded to the indictment, and was in said Court duly convicted of said charge, and judgment was rendered in pursuance of said.'Conviction.
In the present ease there was no motion to quash. Plea, not guilty. Yerdict, that defendant “be imprisoned in the State prison for the term of time of three years,” &c., and judgment upon the verdict.
The appellant, for a reversal, assumes two grounds: 1. The information does not allege that he was in custody on the same felony charged in the information. 2. That for aught that appears, the “petit larceny” with which he is charged
The judgment is affirmed.
