Bronaugh v. Commonwealth

Opinion by

Judge Hargis :

The indictment charges the accused with the offense of stealing three hogs. The demurrer was filed, but a motion in arrest of judgment was made. As the indictment charges a public offense, the motion was properly overruled.

But the court should have instructed the jury as to what constitutes petit larceny, and as to the circumstances under which they were authorized to find the accused guilty of that offense, notwithstanding the fact that none of the witnesses placed the value of the hogs supposed to have been stolen at less than four dollars. This principle is…