Leland v. State

Decided March 15, 1903

Mississippi Supreme Court · decided 1903-03-15

Erom the circuit court of Smith county. Hon. John E. Enochs, Judge. Leland, appellant, was indicted, tried and convicted in the court below for the larceny of a horse, and appealed to the supreme court. The evidence for the state was, in substance, that the horse was stolen or taken from the stable of Tullos, the owner, on the night of January 29, 1902.

Cited by 1 later decisions — most recently October 1928

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1903-03-15

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Calhoon, L,

¶1delivered the opinion of the court.

¶2We should, perhaps, not disturb the verdict of the jury if the issue merely was whether Leland took the horse from the stable. But the question, further, is whether he took it for temporary use, to ride, or to deprive the owner permanently of his property. The evidence very strongly supports the probability of the taking being merely for transportation from Baleigh to Taylorsville. In this view, the first instruction given for the state was misleading and erroneous, and not cured by any instruction for the defense, if, indeed, it could be cured. Beatty v. State, 61 Miss., 18; Hamilton v. State, 35 Miss., 214-219; Warden v. State, 60 Miss., 639; Hells v. State, 64 Miss., 77; 1 South, 9; 60 Am. Rep., 46; People v. Miller, 88 Am. St. Rep., 601, note; A. & E. Enc. Law, vol. 1, p. 761 (1st ed.).

¶3Reversed and remanded.