State v. Taylor
Supreme Court of New Jersey
This cause came before the court ou a case certified from the Cape May Oyer and Terminer. The facts appear in the following state of the case : The indictment charged the defendant, in the usual form, with stealing eighteen bushels of oysters, of the value of eighteen dollars, of the goods and chattels of one George Hildreth.
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This cause came before the court ou a case certified from the Cape May Oyer and Terminer. The facts appear in the following state of the case : The indictment charged the defendant, in the usual form, with stealing eighteen bushels of oysters, of the value of eighteen dollars, of the goods and chattels of one George Hildreth. Upon the trial, evidence was produced, on the part of the state, that Hildreth laid out (or planted) the oysters in one of the sounds in the Lower township of Cape May, below high water murk, where they were covered with water, except at low tide; that they were brought…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
The indictment charges the defendant with stealing “ 18 bushels of oysters, of the value of $18, of the goods and chattels of one George Hildreth.” It is objected that oysters being animals ferce natures, there can be no property in them, unless they be dead or reclaimed, or tamed, or in the actual power or possession of the claimant j and that the want of such averment is a fatal defect in the indictment. 2 Bla. Com. 390, 392; Arch. C. P. 116; 3 Chitty’s Cr. L. 947; Wharton’s C. L., §§ 1754-5.
The principle, as applied to animals…
2Cases cited3 opinions
- Fleet v. HegehanNew York Supreme Court · 1835
- Decker v. FisherNew York Supreme Court · 1848
- Brinckerhoff v. StarkinsNew York Supreme Court · 1851
3Cited by2 opinions
- United States v. StateDistrict Court, W.D. Washington · 1994
- United States v. State of Wash.District Court, W.D. Washington · 1994