State v. Plunket
Supreme Court of Alabama
Peter Peunxet was indicted in tlie Circuit Court of Autauga county under the statute for horse stealing. The indictment charged him with stealing a horse. On the trial, the proof was that the animal stolen was a gelding, and the prisoner was convicted and sentenced.
Read the full summary
Peter Peunxet was indicted in tlie Circuit Court of Autauga county under the statute for horse stealing. The indictment charged him with stealing a horse. On the trial, the proof was that the animal stolen was a gelding, and the prisoner was convicted and sentenced. But the presiding Judge, under the statute authorizing novel and difficuit questions to he referred to this court, reserved the qUestion whether the defendant could be lawfully conyicted. and cited the following authorities to shew that the judgment was erroneous, and that the proof was insufficient to sustain the verdict. Laws of…
1Opinion of the Court
By JUDGE COLLIER.
The question reserved for the consideration of this Courtis, “can a defendant, on an indictment for stealing a horse, and it is proved to be a gelding, be convicted?”
The statute which directs the punishment for such an of-fence is in these words, “That if any person do feloniously take or steal any horse, mare or gelding, foal or filly, ass or mule; the person so offending shall, &c. ”a When a generic term employed in a statute is succeeded by one more definite in its meaning, it is necessary in an indictment predicated upon such statute, that the latter term should be used.…
2Cited by4 opinions
- Horton v. StateSupreme Court of Alabama · 1875
- Seals v. StateSupreme Court of Alabama · 1939
- Owens v. StateCourt of Criminal Appeals of Alabama · 1971
- Bush v. StateSupreme Court of Alabama · 1850