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25 Ohio St. (N.S.) 668

State v. Mann

Ohio Supreme Court

Decided December 15, 1874

Ohio Supreme Court · decided 1874-12-15

<p>Exceptions of the prosecuting attorney to the ruling of the court.</p> <p>Criminal Code, see. 90; Calkins v. The State, 18 Ohio St. 371; 2 Bouvier’s Law Dic. 122; Griffin v. The State, 18 Ohio St. 438; S. & C. 439, sec. 157; The State of Iowa v. Chambers, 2 Green, 308; Dawood v. The State, 1 Hunt (Miss.), 262; 4 Beach, 457; 12 Johns. 239; 4 Black. Com. 229; 3 Binney, 546; 4 Wash. 700.</p>

Decided 1874-12-15

By the Court.

¶1In an indictment for larceny, the word “ steal ” implies a carrying away; and, therefore, an indictment for larceny of a sheep, charging that the defendant did “ feloniously steal, take, and drive ” the sheep, without alleging that he drove or carried it away, sufficiently describes the offense under our statute.

¶2Exceptions overruled.

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