105 Iowa 112 | Iowa | 1898
The sole question presented by this appeal is whether or not a dog is the subject of larceny. That it was not at common law is conceded. The reasons for this were twofold: First, because it had no intrinsic value; and, second, because it was not fully domesticated, — but by nature base. The courts held that dogs, although reclaimed, could not be used for food, but were kept for the mere whim or pleasure of their owners, and therefore had no intrinsic value. A great deal of research and eloquence has been wasted in attempting to show the fallacy of this rule. It appears to be well *113
settled, however, that, in the absence of statutory modification of the common law, dogs are not the subject of larceny. State v.Lymus,
*602