Public-domain · open source
OpenJurist

64 Miss. 77

Delk v. State

Mississippi Supreme Court

Decided October 15, 1886

Mississippi Supreme Court · decided 1886-10-15

Hon. S. H. Terral, Judge. James Delk and Tony Carter, charged with stealing a jack, the property of D. H. Garner and J. W. Carter, were jointly indicted for grand larceny. Tony Carter having pleaded “ guilty,” testified on the trial of James Delk that Delk came to “ my house and said he wanted me to go with him and help kill the jack.

Relies on Williams v. State · Warden v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1886-10-15

How this case has been cited

Cited by 9 later decisions — most recently October 2008

9 state decisions

301886189019001910192019301940195019601970198019902000decided

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.

View the full empirical analysis of this case →

AkNOLD, J.,

¶1delivered the opinion of the court.

¶2There is no error in the instructions for the State, and the fifth instruction asked by appellant was properly refused.

¶3*80The doctrine is well settled in this State that it is not necessary to constitute larceny that the taking should be. lucri causa. A fraudulent taking and removal of the personal property of another with intent to wholly and permanently deprive the owner of the same is larceny. Warden v. The State, 60 Miss. 638 ; Hamilton v. The State, 35 Ib. 214; 2 Bish. Crim. L., § 758; Williams, etc., v. The State, 52 Ala. 411.

¶4It was not necessary that the animal stolen should have been removed from the premises of the owner. To remove him with the requisite felonious intent from one part of the premises to another, or from the spot or house where he was found, was a sufficient asportation. 2 Bish Crim. L., §§ 794, 806; 3 Greenleaf Ev., § 154.

¶5On the facts shown it was not error to overrule the motion for a new trial. Affirmed.

/64/miss/77 · .json · Public domain