Baldwin v. People

The plaintiff in" error was indicted and convicted of larceny, at the October term of the Cook Circuit Court, 1836. The indictment charged him with feloniously stealing and carrying away one horse, the proper goods and chattels of one Ashbel Steele. On the trial, the prisoner’s counsel asked the Court to instruct the jury, “That if they believed from the evidence that the property stolen was a gelding or a mare, that in point of law the indictment was not sustained,” which the Court refused to do. This is alleged for error. There can be no doubt that the refusal was proper. The term horse,…