State v. Buckles
Supreme Court of Kansas
Appeal from Jackson District Court. Prosecution for stealing a light bay horse of the value of $100, the property of Eobert P. Johnson. At the April Term, 1881, of the district court, the defendant John Buckles was found guilty as charged, and sentenced for a term of four years in the penitentiary. From such judgment the defendant appeals. The opinion states the facts.
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Appeal from Jackson District Court. Prosecution for stealing a light bay horse of the value of $100, the property of Eobert P. Johnson. At the April Term, 1881, of the district court, the defendant John Buckles was found guilty as charged, and sentenced for a term of four years in the penitentiary. From such judgment the defendant appeals. The opinion states the facts. The evidence of the prosecuting witness, and the admission of the county attorney, show conclusively that the animal alleged in the information to have been stolen and therein called a “horse,” was in fact a “gelding” at the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine J.:
This was a criminal prosecution for the larceny of “ one light bay horse.” The prosecution was had under §78 of the act relating to crimes and punishments. ( Comp. Laws 1879, p. 337.) Said section, so far as it is necessary to quote it, reads as follows :
“Every person who shall be convicted of feloniously stealing, taking and carrying away . . . any horse, mare, gelding, colt, filly, ass, mule, neat cattle, sheep, or hog, belonging to another, shall be deemed guilty of grand larceny.”
This section was first enacted in 1855, and has been the…
2Cases cited6 opinions
- Banks v. StateTexas Supreme Court · 1866
- State v. IngramSupreme Court of Kansas · 1876
- State v. DonneganSupreme Court of Missouri · 1863
- Bush v. StateSupreme Court of Alabama · 1850
- Baldwin v. PeopleIllinois Supreme Court · 1836
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. MatejouskySouth Dakota Supreme Court · 1908
- State v. CollinsMontana Supreme Court · 1917
- State v. McDonaldMontana Supreme Court · 1890