55 Ala. 150 | Ala. | 1876
The statute approved February 20, 1875, amendatory of section 3706 of the Revised Code, converts the stealing of certain animals, and among others a “ cow, or animal of the cow kind,” into grand larceny, punishable on conviction by imprisonment in the penitentiary, or hard labor for the county. The first question raised in the present case is, .whether a steer is an “ animal of the coto kind,” within the meaning of this statute. We entertain no doubt that the statute was intended to embrace (and such is the popular signification of the words) every animal which is the offspring of the female of the bovine genus of animals. Steer and ox, in the popular use of words, are equivalent, and are used to designate a castrated taurine male, which has been brought under the yoke. It is, equally with a heifer, an animal of the cow kind. — Parker v. State, 39 Ala. 365.
It is insisted, if this be true, the indictment is insufficient, without an averment that a steer is an animal of the cow land.
The judgment is affirmed.