106 Iowa 658 | Iowa | 1898
In Michigan, Missouri, Indiana, and possibly other states, there are statutes providing, in effect, that it is sufficient to describe the money simply as money, without specifying any particular coin, note, bill, or currency. We have no statute identical with these, but it is urged on behalf of the state that, under the construction given to our statute by this court, the rule of the common law in this respect has been held not to apply in this state. “If any person steal, take and carry away of the property of another any money, goods or chattels, * * * he is guilty of larceny.” Code, section 4831. Larceny from the person is punishable by imprisonment in the penitentiary, not exceeding ten nor less than two years.' Code, section 4755. We now turn to the provisions of our Code with respect to the indictment. The indictment must contain “(2) a statement of the facts constituting the offense in ordinary and concise language without repetition, and in such manner as to enable a person of common understanding to know what is intended.” Section 5280. “The indictment must be direct and certain as regards * * * (2) the offense charged; (3) the particular circumstances of
In the early case of Munson v. State, 4 G. Greene, 483, it was charged that the defendant “did feloniously steal, take, and carry away twenty-four dollars of Clark’s Exchange -Bank hills, of the value of twenty-four dollars, and seven dollars of other bank bills, the names of the banks to the grand jurors unknown, of the value of seven dollars, and one hundred and nine dollars of gold and silver coin, of the value of one hundred and nine dollars, the whole being of the value of one hundred and forty dollars.” That indictment was found
We think it cannot be said, in the light of our statutes and decisions, that the rule of the common law as to the description,- in an indictment, of money alleged to have been stolen obtains in all its requirements in this state. This indictment is direct and certain as regards the offense charged, namely, the larceny “from the person and pocket of one John Cullinan twenty-two dollars and fifty cents, in lawful money of the United States, of the value of twenty-two dollars and fifty cents,” in Woodbury county, Iowa, on or about the fifteenth day of December, 1896. It is hardly possible that the
V. The sufficiency of the evidence to sustain the verdict is presented by the assignments of error, but not argued. Counsel for defendant have urged with zeal and ability every point that could properly be raised upon the record, and they, are excusable for not arguing this assignment, as the evidence leaves no reasonable ground to doubt the guilt of the defendant. Affirmed.