Warden v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Cuff Warden was indicted for grand larceny and tried and convicted in October, 1882. From the judgment of the court below he appealed to this court.
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. Cuff Warden was indicted for grand larceny and tried and convicted in October, 1882. From the judgment of the court below he appealed to this court. The court below, of its own motion, gave the following instruction in modification of those refused for the defendant, and in explanation of those given for the State : — , “ It is not necessary to constitute larceny that the taking should be in order to convert the thing taken to the pecuniary advantage or gain of the taker ; it is sufficient, if the taking be fraudulent…
1Opinion of the CourtChalmers, J.
The proof indicated that appellant surreptitiously took the mule of one McNeil and led it into the swamp and killed it. Whether the killing was immediately upon the taking or took place afterwards, and was for the purpose of concealment (there was an attempt to consume the carcass by fire) does not appear. It is proved that there was bad blood between the appellant and the owner of the animal, and it is highly probable that the taking was done with no desire for gain, but .solely from malice. Under these circumstances the court below instructed the jury that the motive which prompted the…
2Cases cited1 opinion
- Hamilton v. StateMississippi Supreme Court · 1872
3Cited by7 opinions
- People v. GreenCalifornia Supreme Court · 1980
- Dedeaux v. StateMississippi Supreme Court · 1921
- Delk v. StateMississippi Supreme Court · 1886
- State v. AllenUtah Supreme Court · 1920
- Harbin v. StateMississippi Supreme Court · 1981
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