Osborne v. State

delivéred the opinion of' the Court.

*718The plaintiff in error was indicted and convicted in the circuit court of Rutherford county of the offense of larceny. The property stolen is described in the indictment as “one pistol, of the value of fifteen dollars.” The case is here by appeal in the nature of a writ of error, and the error assigned is the action of the trial judge in charging the jury that a pistol may be the subject of larceny in Tennessee.

The contention is that a pistol is not personal property and had no market value in this State, and therefore is not the subject of larceny. It is…