Beatty v. State
Mississippi Supreme Court
Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. At the trial of this indictment for grand larceny, which resulted in the conviction of the appellant, the State’s testimony was to the effect that Wash Beatty took up a stray mule, which he kept for some days, and then hitched it one night under a shed, when a man, whom he had hired for the purpose, took and sold the mule.
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Appeal from the Circuit Court of Madison County. Hon. T. J. Wharton, Judge. At the trial of this indictment for grand larceny, which resulted in the conviction of the appellant, the State’s testimony was to the effect that Wash Beatty took up a stray mule, which he kept for some days, and then hitched it one night under a shed, when a man, whom he had hired for the purpose, took and sold the mule. The defendant’s evidence tended to show that he made efforts to find the owner of the animal while he kept it, and that the thief acted on his own account. The instruction for the State was that if…
1Opinion of the CourtCooper, J.
The court erred in granting the instruction asked by the State and in refusing those prayed by the defendant. In England there are to be found many cases in which it is announced that an inanimate chattel lost by the owner and having no indicia from which the ownership might be inferred could not be the subject of larceny by one finding it, who at the time of the capture knew no facts or circumstances from which he might discover the owner. Such property was considered as without an owner and therefore not the subject of larceny. 3 Inst. 108 ; 1 Hawk. P. C. c. 19, § 38; Regina v. Mole, 47 E.…
2Cases cited6 opinions
- Griggs v. StateSupreme Court of Alabama · 1877
- People v. AndersonNew York Supreme Court · 1817
- State v. MartinSupreme Court of Missouri · 1859
- State v. ConwaySupreme Court of Missouri · 1853
- Ransom v. StateSupreme Court of Connecticut · 1852
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3Cited by8 opinions
- Pearson v. StateMississippi Supreme Court · 1963
- Hanna v. StateMississippi Supreme Court · 1933
- Calhoun v. StateMississippi Supreme Court · 1941
- Peerless Insurance v. St. LaurentMississippi Supreme Court · 1963
- State v. StortsSupreme Court of Missouri · 1897
3 more not listed; retrieve them via the Exa API.