State v. Smith

Citations

• 31 Wash. 245
• 71 P. 767
• 1903 Wash. LEXIS 614

Syllabus

<p>CRIMIN'AL LAW SUFFICIENCY OF INFORMATION GRAND LARCENY — FAILURE TO CHARGE STEALING AS FELONIOUS.</p> <p>An information charging grand larceny by alleging that defendant did “unlawfully steal, take, and carry away |785.00,” etc., states a crime within the definition of Bal. Code, § 7108, which defines grand larceny as the feloniously stealing, taking, and carrying away of the property of another of the value of thirty dollars or more, since the use of the word steal implies a felonious taking, and hence is sufficient, under Bal. Code, §§ 6849, 6850, 6851, which provide that words may be used in an indictment or information conveying the same meaning as those used in the statute to define the crime; that the indictment or information is sufficient if it can be understood therefrom that the crime charged is set forth in ordinary and concise language, in such a manner as to enable a person of common understanding to know what is intended, and that matters formerly deemed defects should not affect the sufficiency of the information, when not tending to the prejudice of the substantial rights of the defendant.</p>