People v. Jersey

Headnote

Where, under an indictment .charging larceny in the usual form, as, that defendant did “unlawfully and feloniously steal, take and lead away” a horse, the proof was, that defendant hired a horse promising to return it by evening, but never did so : Held, that defendant could not be convicted without proving that he intended to steal the horse at the time he took it; and that the indictment is not good for the statutory offense of converting property of which defendant was bailee.

Appeal from the Court of Sessions of Solano.

Indictment for larceny, charging that the defendant didunlawfully and feloniously steal, taire and lead away, one light bay gelding horse,” etc. On the trial, the prosecution proved, among other things that defendant came to the livery stable of one Owen, at Suisun City, and hired a horse and saddle to go to Vacaville, promising to be back by nine o’clock in the evening of the sainó day, and that he never did return. The Court charged the jury if they believed from the evidence that defendant took and carried away and converted the horse and saddle to his own use, with intent to steal the same, they should find him guilty as charged; and refused to charge, as requested by defendant, that “ to find defendant guilty, the jury must be convinced that the defendant did steal the horse and saddle named in the indictment, and there must have beén a felonious taking and carrying "away thereof.” The District Attorney read tó the jury and relied upon, the seventy-first section of the act concerning Crimes and Punishments, (Wood’s Dig. 339) relative to a bailee of goods.

Verdict, guilty. Judgment accordingly. Defendant appéals.