People v. Butler
Utah Supreme Court
Appeal from the First Judicial District Court. The following are the sections of the Criminal Code referred to in the opinion: “ Section 278, grand larceny is larceny committed in either of the following cases: “ "When property taken is a horse, mare, gelding, cow, steer, bull, ox, calf, mule, jack, jenny, goat or sheep. “ Section 6, * * * “ Words used in the masculine gender comprehend as well the feminine and neuter.
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Appeal from the First Judicial District Court. The following are the sections of the Criminal Code referred to in the opinion: “ Section 278, grand larceny is larceny committed in either of the following cases: “ "When property taken is a horse, mare, gelding, cow, steer, bull, ox, calf, mule, jack, jenny, goat or sheep. “ Section 6, * * * “ Words used in the masculine gender comprehend as well the feminine and neuter. “* * * Words and phrases must be construed according to the context and the approved usage of the language.” The other facts are stated in the opinion of the court.
1Opinion of the CourtBoreman, J.
The defendant was indicted for stealing “ two horses.” The proof showed that one of the animals stolen was a gelding and the other a mare. The court instructed the jury that the word “ horses ” included both gelding and mare.
The defendant having made his motion for a new trial and *505tbe same having been, by the court below, overruled, he has appealed to this court.
There seems to be but one question in the case. Does the word “horses” include “gelding” and “mare?” If it does, then the instruction was correct, and the proof sustained the indictment.
The language of our Penal Code is, that, when…
2Cases cited2 opinions
- State v. DonneganSupreme Court of Missouri · 1863
- Baldwin v. PeopleIllinois Supreme Court · 1836
3Cited by2 opinions
- State v. BrassfieldIdaho Supreme Court · 1925
- State v. CollinsMontana Supreme Court · 1917