Hall v. State

Gould, Associate Justice.

The appellant was convicted of the theft of two hogs, and hi a punishment fixed at two years’ imprisonment in the penitentiary. It is contended that the court erred in giving the following charge : “Killing the property of another is sufficient taking to constitute theft, if the killing was done with the intent to deprive the owner of it, and to appropriate it to the use of the person taking.”

Our statute defines theft as “the fraudulent taking of corporeal personal property belonging to another from his possession, or from the possession of some person holding the…