Holsey v. State

The defendant, who did odd jobs around a livery stable, drove one of the horses on a certain Sunday without the consent of the proprietor. On the next day, when the proprietor discovered this fact, he gave the defendant the choice of taking a whipping or paying for the horse; the defendant chose the latter horn of the dilemma and bought the horse on satisfactory terms. Afterwards this prosecution was instituted and the defendant was convicted.

The old and well-recognized rule is that where one person interferes with the property of another and converts it to his own use, the latter, upon…