Williams v. State
Mississippi Supreme Court
Williams v. State, 63 Miss. 58 (Miss. 1885)
Campbell
Williams v. State
Opinion of the Court
delivered the opinion of the court.
Were every fact in evidence embodied in a special verdict the sentence of the law would be that the accused is not guilty of larceny, because there was not a “ carrying away ” of the hog; and while the definition by the court of asportation is abstractly correct, it was not applicable to the facts in evidence, on which the court should have instructed the jury not to find the defendant guilty of larceny, but to consider and find whether he was guilty of an attempt to steal. Code, § 2713, § 3078; Cherry’s Case, 2 East C. L. 556; State v. Jones, 65 N. C. 395.
Reversed.
Reference
- Full Case Name
- John Williams v. State
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- 1. Larceny. Or attempt to steal. Sections 2713,3078, Code 1880. Instruction. Where, upon the trial of an indictment for the larceny of a hog, the evidence shows clearly that, though the defendant shot and killed the hog, he did not carry it away, but leaves it in doubt whether he would have done so with the view of converting it to his own use but for being detected, the court should instruct the jury not to find the accused guilty-of larceny, but to find whether he was guilty of an attempt to steal under §$ 2713 and 3078 of the Code of 1880. •2. Same. Asportation. Case in judgment. One who shoots a hog, the property of another, and turns it Upon its back and cuts its throat, but does no further act toward removing it, cannot be convicted of stealing, because there is no asportation of the property.