Utz v. Commonwealth

Opinion by

Judge Pryor:

That the accused took the mare with the intention of keeping *212her is no evidence of a felonious intent from the facts found in this record. The proof shows that the accused was about eighty een years of age, and had exchanged this mare, alleged to have been stolen by him, with one R. L. Willis for an animal belonging to Willis; that after the exchange he went at night and took the mare originally belonging to him from the possession of Willis, and carried her across the river; that he made no effort at concealing the fact of his possession, nor did any other act save that…