Legal Opinion

State v. Ellis

Supreme Court of Connecticut

Decided October 28, 1819PublishedCited by 26 opinions

THIS was an information for horse-stealing. There were three counts, in each of which the horse in question was averred to be the property of Nathaniel Arnold, of Coventry, in the county of Kent, in the state of Rhode-Island ; and in one, the taking was alleged to have been in Plainjield, in another, in Windham, and in the third, in Mansjield, in the county of fVindham, in this state.

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THIS was an information for horse-stealing. There were three counts, in each of which the horse in question was averred to be the property of Nathaniel Arnold, of Coventry, in the county of Kent, in the state of Rhode-Island ; and in one, the taking was alleged to have been in Plainjield, in another, in Windham, and in the third, in Mansjield, in the county of fVindham, in this state. On the trial, at Windham, September term, 1819, before Bristol, J. the attorney for the state offered evidence to prove, and claimed that he had proved, that the defendant stole the horse described in the,…

1Opinion of the Court

Hosmer, Ch. J.

The single question presented, is, whether the stealing of a horse in the state of Rhode-Island, and bringing him into the county of Windham, is larceny punishable in this state. On this subject I am incapable of entertaining a doubt. The decisions here have been uniform and *187numerous 5 and the transaction alluded to, has ever been considered a theft. 2 Swift’s Syst. 381. The law, most probably, was originally settled on a supposed analogy to the stealing of goods in one county, and conveying them into another; in which event, larceny is committed in both counties. Whether there…

2Cases cited2 opinions

  1. Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1806
  2. Commonwealth v. CullinsMassachusetts Supreme Judicial Court · 1804

3Cited by26 opinions

  1. State v. GannonSupreme Court of Connecticut · 1902
  2. Worthington v. StateCourt of Appeals of Maryland · 1882
  3. State v. PambianchiSupreme Court of Connecticut · 1953
  4. State v. FettererSupreme Court of Connecticut · 1894
  5. Watson v. StateMississippi Supreme Court · 1872

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