Stuart v. People

The crime tor which the accused was indicted and convicted was the larceny of a horse. On the trial, he endeavored to prove he had traded for the horse with the son of the owner, who had the temporary possession. Whether the pretense of trading horses was a colorable device, resorted to by defendant to enable him to steal the horse with impunity, was purely a question of fact, and upon this point the decision of the case turns. On this question the evidence is contradictory in the extreme. It can not all be true.

That the accused was guilty of outrageous conduct in the manner of obtaining the…