State v. Mary A. Turner.

66 N.C. 618

• Court: Supreme Court of North Carolina
• Decided: January 5, 1872
• Status: Published

Opinion

EoydeN, J.

His Honor was mistaken in this case, in supposing that our domestic turkey is a creature ferae naturae. All the authorities cited by His Honor, are cases of creatures ferae naturae, and we take the case to be clear, that where a creature (for the stealing of which) a defendant is indicted is ferae naturae, it will not be sufficient to allege, that the property was of the goods and chattels of one A. B., the owner; in such case, the indictment must further allege, that the creature was dead, tamed, confined or reclaimed, Russell on Crimes, vol. 2, p. 152. But surely this cannot be the case, when the defendant is indicted for stealing one of our domesticated turkeys.

In Bishop's Criminal Law, vol. 2, sec. 787-788, speaking of animals, ferae naturae, and of which larceny may be committed, when reclaimed says, “domestic animals and fowls, such as horses, oxen, sheep, hens, peafowls, turkeys and the like; which being tame in their nature, are the subject of larceny on precisely the same grounds as other personal property. As to what is a reclaiming of a wild animal, killing him and getting possession of his carcass is so ; that such carcass is fit for food, is a subject of larceny. There is error. This will be certified, so that the Court may proceed to judgment.

Per GuRIAM. Error.