The American Reports; Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States, with Notes and References[1869-1887]

The American Reports; Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States, with Notes and References[1869-1887]

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879 edition. Excerpt: ...The word "horse" is a generic term, including ordinarily in its signification all the different species of this kind of animals, however diversified by age, sex, use, or artifical means. The defendant was indicted under article 2409, Paschal's Digest, which is as follows: "If any person shall steal any horse, gelding, mare, colt, ass, or mule he shall be punished by confinement in the penitentiary not less than five nor more than fifteen years." If the word "horse" had been used in this article, without specifying the species, we would not disturb the judgment in this case, because the word "horse," in its generic sense, would iuclude a filly, and there would be no variance between the averment and the proof. From precedent and authority we feel constrained to hold that the indictment under this article (2409) fixes its own meaning to the words used. Said article specially describes the different species of property by the use of the words "horse, gelding, mare, colt, ass, or mule," and the averments in the indictment against a defendant for the theft of one of these animals must be equally specific, and the proof must correspond with the averment, to sustain a judgment of conviction. Upon an examination of authorities we find there is an almost uniform cunentof decisions in courts of last resort, in the United States, . Loza v. State. to the effect that when a statute makes a distinction between things belonging to the same class, or such as are commonly comprehended within one general term, it is essentially necessary to indicate the particular thing stolen. To illustrate: When a statute specifies lambs as well as sheep, and the indictment was for stealing a sheep, evidence of stealing a lamb is...show more

Product details

  • Paperback | 364 pages
  • 189 x 246 x 19mm | 649g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236560183
  • 9781236560186