60 Ala. 50 | Ala. | 1877
The present indictment is framed under the amendment of section 3706, Lev. Code, found' on page 260, Acts of 1871-5 ; Code of 1876, § 1358. The indictment pursues the statute strictly, and is sufficient. This statute created a new offense, of very high grade, out of an act which, by the common law, was oníy a trespass. Growing or outstanding crops are part of the freehold, and, before this statute, were not the subject of larceny; which consisted of feloniously taking and carrying away the personal goods of another.- — 4 Black. Com. 229, 232.
The variance between the indictment and proof was such a misdescription of a material matter therein stated, as to require an acquittal on the indictment as now framed. — See Code of 1876, §§ 1816-7.
Beversed and remanded. Let the prisoner remain in custody, until discharged by due course of law.