Legal Opinion

Delk v. State

Mississippi Supreme Court

Decided October 15, 1886PublishedCited by 14 opinions

Appeal from the Circuit Court of Kemper County. Hon. S. H. Terral, Judge. James Delk and Tony Carter, charged with stealing a jack, the property of D. H. Garner and J. W. Carter, were jointly indicted for grand larceny. Tony Carter having pleaded “ guilty,” testified on the trial of James Delk that Delk came to “ my house and said he wanted me to go with him and help kill the jack.

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Appeal from the Circuit Court of Kemper County. Hon. S. H. Terral, Judge. James Delk and Tony Carter, charged with stealing a jack, the property of D. H. Garner and J. W. Carter, were jointly indicted for grand larceny. Tony Carter having pleaded “ guilty,” testified on the trial of James Delk that Delk came to “ my house and said he wanted me to go with him and help kill the jack. Delk went to his house and got a pair of plow lines and we went to the lot, and he went in the stable and put the rope on the jack and led him out of the stable and tied him to the fence; then we put another rope…

1Opinion of the CourtAkNOLD, J.

There is no error in the instructions for the State, and the fifth instruction asked by appellant was properly refused.

*80The doctrine is well settled in this State that it is not necessary to constitute larceny that the taking should be. lucri causa. A fraudulent taking and removal of the personal property of another with intent to wholly and permanently deprive the owner of the same is larceny. Warden v. The State, 60 Miss. 638 ; Hamilton v. The State, 35 Ib. 214; 2 Bish. Crim. L., § 758; Williams, etc., v. The State, 52 Ala. 411.

It was not necessary that the animal stolen should have been…

2Cases cited2 opinions

  1. Williams v. StateSupreme Court of Alabama · 1875
  2. Warden v. StateMississippi Supreme Court · 1882

3Cited by14 opinions

  1. People v. GreenCalifornia Supreme Court · 1980
  2. Groover v. StateSupreme Court of Florida · 1921
  3. Croft v. StateMississippi Supreme Court · 2008
  4. Dedeaux v. StateMississippi Supreme Court · 1921
  5. Driggers v. StateSupreme Court of Florida · 1928

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