71 Mo. 443 | Mo. | 1880
The defendants were jointly indicted for stealing a hog. The indictment was found November 5th, 1879, and charged the larceny as committed on the first day of that month. On trial had, the defendants were found guilty of grand larceny, and each sentenced to two
Under the present statute, R. S. 1879, § 1318, the-stealing of articles under the value of thirty dollars, not being the subject of grand larceny without regard to-value, is petit larceny, and punishable by imprisonment in the county jail, &e., while granfl larceny or the stealing of' property of that or greater value, is punishable by imprisonment in the penitentiary. — lb. 229, § 1308. It is thus apparent that this case falls fully within the rule stated by Mr. Bishop, and the necessity of stating the value of the animal stolen becomes obvious. As the case now stands, the defendants have been indicted for stealing a hog, which act, under the statute at the date of its alleged commission^, was neither grand nor petit larceny, so that it follows that the verdict finds the defendants guilty of a crime with which the indictment does not charge them, and that they have been sentenced in accordance with the verdict, but. not the indictment. Judgment reversed and defendants discharged.