State v. Jackson
Supreme Judicial Court of Maine
Indictment, for feloneously taking and carrying away a black gelding horse. On the trial in the District Court, before Rjce, J., the government introduced no evidence, that the horse, testified to as having been stolen, was a gelding.
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Indictment, for feloneously taking and carrying away a black gelding horse. On the trial in the District Court, before Rjce, J., the government introduced no evidence, that the horse, testified to as having been stolen, was a gelding. One of the witnesses testified, that the horse taken by the accused was black, and two others, that he was not black, excepting his extremities, that the body was a dark brown; another witness testified that the horse was one he should call black, although the color of the body then had become somewhat brown by exposure in the pastures. On this evidence the…
1Opinion of the Court
Wells, J. orally.
— The rule in criminal trials is, that all material allegations in the indictment must be proved. The color and kind of animal alleged to be stolen, are made material by being set out in the indictment. Whether it was necessary to make such allegations, is not the question before us, but there is no doubt that, if found in the indictment, they must be proved. The principle in this State has been already settled in State v. Noble, 15 Maine, 446.
Exceptions sustained and, new trial granted.
2Cited by17 opinions
- Hamilton v. StateIndiana Supreme Court · 1877
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- Lang v. StateSupreme Court of Florida · 1900
- Morgan v. StateIndiana Supreme Court · 1878
- Territory of Montana v. RowandMontana Supreme Court · 1888
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