INDICTMENT for Larceny, tried at Fall Term, 1877, of Richmond Superior Court, before Seymour, J. The defendant was charged with stealing a hog, and that part of the case bearing upon the point decided by this Court, is as follows; — “ The defendant contended that the pork (which was found in defendant’s house by virtue of a .search warrant obtained by the prosecutor) was part of a hog of his own, and introduced two of his children who testified that he had killed a hog of…
Decided 1878-01-05
Reade, J.
¶1
Fresh pork cut up and unsalted being found in the house of defendant, and the question being whether it was his own?Jmeat or whether he had stolen, the hog out of which it was made, and there being no evidence tending-to show that he had stolen the hog out of which it was made, the defendant introduced two of the members of his family who swore that the defendant had killed one of his own hogs for pork the day before. His Honor instructed the jury that there was
no evidence
that the meat found was the meat of the defendant. In this there was error.
