The People v. . Willett
This appeal brings up the record alone and raises merely a question of pleading. The indictment contains nine counts, each charging the prisoner with the crime of murder. To the first three a demurrer was interposed upon the ground that they did not sufficiently charge the commission of the crime. They aim to allege a murder perpetrated while engaged in the commission of a felony, or in the attempt to commit it; the felony intended being the crime of grand larceny. The defects pointed out are omissions asserted to be necessary to a correct statement of that offense, and consist in a failure to charge the particular intent essential to the crime, and to describe it as grand larceny so as to make it a felony. In the indictment the property stolen is specifically described, its ownership alleged, and its value stated at a sum greater than $25. The theft is then averred in this form: "Did feloniously steal, take and carry away." This language is identical with that used in Phelps v. People
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The judgment should be affirmed.
All concur.
Judgment affirmed.