80 P. 101 | Or. | 1905
delivered the opinion of the court.
The defendants were convicted of the crime of larceny. They appeal, assigning as error the overruling of a demurrer to the indictment on the ground that more than one crime is charged therein. The charging part of the indictment is. as follows:
“That said E. E. Clark and John Lee -Milam on the 14th day of June, A. D. 1903, in the County of Harney and State of Oregon, then and there being, and acting together, did then and there wrongfully, unlawfully and feloniously take, steal and ride away and drive away and lead away one mare and two geldings, said mare and one of said geldings being then and there the personal property of Frank Miller, and said mare being of the value of $150, and said gelding being of the value of $125, and the other said gelding then and there being the personal property of one Harrison Kelly, and of the value of $100, contrary to the statutes in such eases made and provided, and against the ■ peace and dignity of the State of Oregon.”
It is argued that the indictment charged two distinct offenses — one, the larceny of the property of Miller, and the other, the larceny of the property of Kelly — without alleging that they were committed at the same time and place.
In State v. Bliss, 27 Wash. 463 (68 Pac. 87),.relied upon by the defendants, the indictment alleged that the defendant, in a certain county and on a certain day named, “then and there being, did steal,” etc., and the court held that the words “then and there,” as used in the indictment, were nothing more than an allegation that, on the day and in the county 'named, the defendant committed the crime, and did not state that the property alleged to have been stolen might not have been in different parts of the county, and taken at different times on the same day. In short, the wprds “then and there
Affirmed.