Bell v. State

Decided May 15, 1874

Indiana Supreme Court · decided 1874-05-15

<p>‘CriminAX. Law.—Circuit Court.—Affidavit and Information.—The circuit court cannot try a charge of felony upon an affidavit and information filed in that court.</p> <p>Same.—Larceny.—Evidence.—On the trial of a prosecution for larceny, the evidence must show that the thing alleged to have been stolen was the property of the person alleged.</p>

Relies on King v. State · Baker v. State · Mullinix v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1874-05-15

How this case has been cited

Cited by 5 later decisions — most recently December 1946

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Downey, J.

¶1The appellant, on affidavit and information filed against him in the circuit court, was charged with, and •convicted of, grand larceny. His motion to quash the affidavit and information and also a motion for a new trial were ■overruled.

¶2The judgment must be reversed on two grounds:

¶3i. The defendant could not be tried on an affidavit and *454information filed in the circuit court. The State v. Justice. ante, p. 210.

¶42. The evidence, as set out in the bill of exceptions, does, not prove that the property alleged to have been stolen was. the property of the person named in the information. Jackson v. The State, 19 Ind. 312; Baker v. The State, 34 Ind. 104; Mullnix v. The State, 43 Ind. 511; King v. The State, 44 Ind. 285.

¶5The judgment is reversed, and the cause remanded, with instructions to quash the affidavit and information. The clerk will certify to the warden of the state prison.