State v. Donovan

Superior Court of Delaware

State v. Donovan

1 Houston 43

DecidedApril 5, 1858

StatusPublished

This text of 1 Houston 43 (State v. Donovan) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Donovan, 1 Houston 43 (Del. Ct. App. 1858).

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Opinion

James Donovan was indicted for stealing two fishes, commonly called shad, of the goods and chattels of John Smith. The proof was that they were dead shad and had been stolen from the fish-cart of the owner who was vending shad from it in town. The Court stopped the Attorney General, and Gilpin, C. J., remarked that there were three decisions on the point in the English reports, the last of which had ruled that where the animal is called by the same name, either dead or alive, it is competent under such an indictment as this to prove the stealing of them in a dead state; and shad, he believed, had but that one name whether dead or alive. *Page 45

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James Donovan was indicted for stealing two fishes, commonly called shad, of the goods and chattels of John Smith. The proof was that they were dead shad and had been stolen from the fish-cart of the owner who was vending shad from it in town. The Court stopped the Attorney General, and Gilpin, C. J., remarked that there were three decisions on the point in the English reports, the last of which had ruled that where the animal is called by the same name, either dead or alive, it is competent under such an indictment as this to prove the stealing of them in a dead state; and shad, he believed, had but that one name whether dead or alive. *Page 45

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Bluebook (online)

1 Houston 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-donovan-delsuperct-1858.