2 Wis. 494 | Wis. | 1853
By the Court,
This case comes here on the report of the judge of the circuit court for the county of Racine, pursuant to chapter one hundred and forty-nine of the Revised Statutes. From this report, and from the record sent up by the clerk, it appears that the defendant was indicted for larceny. The indictment charges the larceny to have been committed in the city and county of Racine, and that the property stolen consisted of “one hundred pounds of meat” belonging to one Hugh Gfaston.
It is insisted by the counsel for the defendant that the indictment is bad, for the reason that the property alleged to have been stolen is not described with sufficient certainty; that the term “ meat ” includes in its general signification, all kinds of provision fit for the sustenance of man, and is not sufficiently descriptive of the property alleged to have been stolen.
We think this position well taken. In an indictment for larceny, the property which is alleged to have been stolen, should be described with reasonable certainty; and a charge of stealing meat, which applies not only to the fiesh of all animals used for food, but in a general sense to all kinds of provisions, is too vague and uncertain.
It further appears from the report of the Judge, that after the evidence had been heard, he was requested by the prisoner’s counsel to instruct the jury “that the non-consent of the owner must be proved
The refusal of the judge to give the instruction
. The judgment must be arrested.