Dadmun

An indictment presented by the grand jury against defendant charged him with grand larceny in that it is alleged that he “did willfully, unlawfully and feloniously steal and carry away a certain” grant deed signed and acknowledged by one George W. Webb, wherein defendant was named as grantee, which deed, if properly delivered, was sufficient in form and substance to convey to defendant the title of Webb to the property described therein, alleged to be of the value of ten thousand dollars, which “grant deed and the said property therein described and the title to which was thereby shown and conveyed,” as alleged, “was then and there the property of said George W. Webb, and which said deed was “a written instrument showing and conveying the title to certain real property” therein described.

The sustaining of defendant’s demurrer followed by judgment thereon, from which the people appeal, presents the question as to whether or not the stealing of a grant deed by one named therein as grantee (the value of the property described therein, and not the value of the deed, being alleged) constitutes grand larceny. The contention of appellant is that the indictment charges the offense of…