119 Ga. 102 | Ga. | 1903
Jordan Teal was convicted under an indictment charging him with simple larceny, viz., horse-stealing. Before trial he demurred to the indictment, and the demurrer was overruled. A new trial having been denied him, the case is here upon his bill of exceptions assigning error upon the overruling of the demurrer and the refusal of a new trial.
The plaintiff in error relies upon the decision rendered in Brown’s case, 86 Ga. 633, where it was held: An indictment for simple larceny, charging the theft of ‘ one dark bay horse with one white spot on the end of his nose and one small white spot in his forehead, ’ did not describe the property alleged to have been stolen, with the accuracy and fullness our statute requires, and a special demurrer thereto on this ground should have been sustained. ” We have carefully considered that case, before coming to a conclusion in this, and do not regard it as being at all in conflict with the decision which we now make. In that case, Mr. Justice Lumpkin, referring to section 4394 of the Code of 1882, § 4394 (trow Penal Code, §156), said : “ The word ‘ horse, ’ as used in this section, is a generic term, which includes horse, as a species, mule and ass. Horse, as a species, may again be subdivided into stallion, ridgling, gelding, and mare, and the same subdivision may be made as to mule and ass. Colloquially, the word ‘ horse, ’
Judgment affirmed.