State v. Hedrick
Supreme Court of Missouri
Appeal from Reynolds Circuit Court. — Hon. E-. M. Bearing, Judge. The carcasses of the animals charged to have been stolen, were not “hogs” within the meaning of Sec. 4535, R. S. 1909, as evidenced by that and various other acts of the ■ Legislature. ' Larceny of the carcass of a hog under the value of thirty dollars, is not a felony.
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Appeal from Reynolds Circuit Court. — Hon. E-. M. Bearing, Judge. The carcasses of the animals charged to have been stolen, were not “hogs” within the meaning of Sec. 4535, R. S. 1909, as evidenced by that and various other acts of the ■ Legislature. ' Larceny of the carcass of a hog under the value of thirty dollars, is not a felony. Secs. 4535, 4864, 4627, 4548, 771, R. S. 1909; Laws 1917, p. 133. As used in the law the term-“animals” includes any animate being, which is not human, endowed with the power of voluntary motion. Upon a general statement that a party stole an animal, it is to be…
1Opinion of the Court
ROY, C.
Defendant was charged in Reynolds County jointly with Ritchey and Strickland with the theft of four black hogs, the property of Bill Grant. He was convicted and sentenced to the penitentiary for three years, and has appealed.
The State’s evidence very clearly shows that the hogs were stolen and killed in Dent County near the line between the two counties, and that, after they were killed, the defendant went in his wagon with the other two persons charged and hauled the hogs into Reynolds County, where they were cleaned and divided among them. There is a question on the evidence as to…
2Cases cited5 opinions
- People v. SmithCalifornia Supreme Court · 1896
- Hunt v. StateSupreme Court of Alabama · 1876
- Golden v. StateMississippi Supreme Court · 1886
- Ballow v. StateCourt of Criminal Appeals of Texas · 1900
- Thompson v. StateTexas Supreme Court · 1867
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