Opinion
11-26-1901
STATE v. ROLLO.
Herbert H. Ward, Atty. Gen., and Robert H. Richards, Dep. Atty. Gen., for the State.
John Rollo was indicted for larceny, and moved to quash the indictment. Motion overruled.
The indictment charged, on August 1, 1901, the larceny, by the defendant, of certainbooks, giving the value of the same, "of the goods and chattels of Wilmington institute," etc.
Argued before LORE, G. J., and SPRUANCE and GRUBB, JJ.
Robert Adair, for defendant, moved to quash the indictment as insufficient because it did not allege that the Wilmington institute, whose property was alleged to have been stolen by the defendant, was a corporation, or an association of persons, or indicate in any way what it was; and, furthermore, it did not aver the correct corporate name thereof.
Herbert H. Ward, Atty. Gen., and Robert H. Richards, Dep. Atty. Gen., for the State.
Where the name of a corporation is stated as owner, there need be no averment that it is a corporation.
It is sufficient to allege and prove the name by which a corporation is generally known.
PER CURIAM. Indictment sustained.
The defendant thereupon entered a plea of guilty.