People v. Wood

2 Park. Cr. 22

Opinion

Walworth, Circuit Judge.

There can be no pretence in this case, that the horse was in the legal possession of the prisoner at the time it was taken. The horse in the stable was not only in the constructive but in the actual possession of the owner. It was there the offence was committed by the prisoner in taking the horse from the stable, with intent to run away with it. It was therefore never legally in his possession.

Prisoner convicted.