State v. Spurgin
Supreme Court of South Carolina
Tried at Sparlanburgh, Fail Term, 1G9A. TilE prisoner was indicted under the act of the legislature for horse-stealing, and the proof of his guilt tras conclusive. No evidence was'offered as to the value of the horse, but 1 rom his' description, it was apparent he'was worth but little, and the jury'under the direction of the presiding judge, foiind the following verdict, “ guilty of ’pe-tit larceny.” ' ' : ■ • On t!;e prisoners being brought up for sentence, Sir.
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Tried at Sparlanburgh, Fail Term, 1G9A. TilE prisoner was indicted under the act of the legislature for horse-stealing, and the proof of his guilt tras conclusive. No evidence was'offered as to the value of the horse, but 1 rom his' description, it was apparent he'was worth but little, and the jury'under the direction of the presiding judge, foiind the following verdict, “ guilty of ’pe-tit larceny.” ' ' : ■ • On t!;e prisoners being brought up for sentence, Sir. Solicitor Davis moved, that seiit'esice as for petit larceny should be'pronounced' upon him. '■ The presiding Judge doubted,…
1Opinion of the CourtJustice Johnson
The principle involved in this case, appears to me to have, been distinctly settled by this court, in the case of the State vs. Hardy Miles, and as 'I think on correct principles. I am aware that there are many cases' in which the party may be 'found guilty of an offence less than that which follows from the facts stated in the indictment; as on an indictment for an assault and'battery, the jury may find the assault only. So on an indictment for grand larceny, a verdict for petit larceny is good. And the saitie rule applies to'most offences of si compound characterand the reason is, the…
2Cited by1 opinion
- State v. AllenSupreme Court of South Carolina · 1917