Watkins v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Clay County. Hon. J. W. Buchanan, Judge. This indictment for grand larceny charged the appellant with stealing a cow, the property of George Valerius Young; and the appellant pleaded not guilty. The material incidents of the trial are stated in the opinion of the court. 1. To constitute larceny, not only the conversion but also the taking must be felonious. 2 East P. C. 694; 2 Arch. Grim.
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Appeal from the Circuit Court of Clay County. Hon. J. W. Buchanan, Judge. This indictment for grand larceny charged the appellant with stealing a cow, the property of George Valerius Young; and the appellant pleaded not guilty. The material incidents of the trial are stated in the opinion of the court. 1. To constitute larceny, not only the conversion but also the taking must be felonious. 2 East P. C. 694; 2 Arch. Grim. Pr. 1184. Thus, in case of borrowing and not returning a horse, the intent at the time of the borrowing is the ■criterion. Gelfs Case, 1 Bay, 242; Wright’s Case, 5 Yerg. 154;…
1Opinion of the CourtChalmers, J.
The bill of exceptions recited that the presiding judge in the court below, of his own motion, prepared a written instruction which, in the presence of the jury and against the protests of the defendant, he handed to the district attorney and this officer at once passed it back to the judge with the request that it might be given in charge to the jury; which was forthwith done.
To this action of the judge, in thus volunteering instructions in the interest of the State the defendant excepted. Our statute (Code 1880, sect. 1740) permits the modification by the judge of the written instructions…
2Cited by17 opinions
- Newell v. StateMississippi Supreme Court · 1975
- Dedeaux v. StateMississippi Supreme Court · 1921
- McMullen v. StateMississippi Supreme Court · 1974
- Williams v. StateMississippi Supreme Court · 1975
- Tatum v. StateMississippi Supreme Court · 1926
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