State v. Augustine

The opinion of the court was delivered by

Spencer, J.

The question presented by this appeal is whether, when a party steals a wagon and horse harnessed in it, and is indicted, tried, convicted, and sentenced for the larceny of the wagon alone, ho can be afterward prosecuted for the theft of the horse.

The horse and wagon being harnessed together, the taking of them was a single act, and constituted but one fact. W o think that under these circumstances there was but one theft. To hold otherwise would be to permit an unlimited number of indictments to be predicated upon one single fact — one…