Carter v. Commonweath

Opinion by

Judge Pryor:

Larceny at common law can not be committed, says Wharton, of such animals as are fearae naturae and unclaimed, as deer, hares, or of wild fowls, and at their natural liberty; bees not secure in a hive are not the subject of larceny unless in the care and custody of their owners, or when they are tame or become domesticated. 2 Wharton’s Crim. L. (11th ed.), §§ 1104-1110.

The indictment in this case charges the prisoner with the unlawful taking and carrying away twenty-three pigeons, the personal property of W. H. Honnalcer, of the value of more than $10, and also charges…