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55 Ala. 142

Stollenwerk v. State

Supreme Court of Alabama

Decided December 15, 1876

Supreme Court of Alabama · decided 1876-12-15

Feom tbe Circuit Court of Lowndes. Tried before tbe Hon. James Q. Smith.

Good law ✅— No negative treatment on recordhow we know

Decided 1876-12-15

How this case has been cited

Cited by 6 later decisions — most recently October 1968

6 state decisions

201876188018901900191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STONE, J. —

¶1Any animal in tbe second year of its growth is a “yearling.” The description in tbe present indictment is too indefinite. It may include many animals, for tbe stealing of wbicb tbe act of February 20, 1875, does not provide. If the indictment bad charged, that tbe animal stolen, describing it, was “an animal of tbe cow kind,” it would have been sufficient. Nor is tbe indictment a sufficient charge of petit larceny. Tbe animal may have been one wbicb bad no *143recognized money value. The motion in arrest of judgment should have been sustained.

¶2The judgment is reversed, and the cause remanded. Let the prisoner remain in custody, until discharged by due course of law.

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