State v. McDonald
Montana Supreme Court
Appeal from, Eighth Judicial District, Chateau County. The defendant was tried before Benton, J. Statement of facts, prepared by the judge delivering the opinion. The defendant was indicted for grand larceny. The subject of the larceny is described in the indictment as “one iron-gray horse, a gelding, about three years old,” etc. The proof on the trial on the part of the prosecution described the animal alleged to have been stolen as a “horse” or “colt.”
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Appeal from, Eighth Judicial District, Chateau County. The defendant was tried before Benton, J. Statement of facts, prepared by the judge delivering the opinion. The defendant was indicted for grand larceny. The subject of the larceny is described in the indictment as “one iron-gray horse, a gelding, about three years old,” etc. The proof on the trial on the part of the prosecution described the animal alleged to have been stolen as a “horse” or “colt.” Each of these words were used by the witnesses. The defendant moved to be discharged on the ground of the variance between the allegation…
1Opinion of the CourtDe Witt, J.
A horse is “a neighing quadruped used in war, draught, and carriage.” (Johns. Diet.) Webster uses the term in two senses: (1) Generically, as the animal simply, including all variations of age, sex, and condition; (2) specially, as indicating the male in distinction to the female. We believe that the term has a third sense, a popular sense, as denoting a castrated male in distinction to a stallion. The indictment is carelessly drawn. It describes the animal as “an iron-gray horse, a gelding.” A “gelding” is a fully castrated horse, in distinction to a “stallion,” who is possessed of all his…
2Cases cited4 opinions
- Banks v. StateTexas Supreme Court · 1866
- Jordt v. StateTexas Supreme Court · 1869
- State v. . RoysterSupreme Court of North Carolina · 1871
- State v. BucklesSupreme Court of Kansas · 1881
3Cited by3 opinions
- State v. MoxleyMontana Supreme Court · 1910
- Martinez v. Territory of ArizonaArizona Supreme Court · 1896
- State v. CollinsMontana Supreme Court · 1917