State v. Self

Pennsylvania Court of Common Pleas

State v. Self

1 S.C.L. 242

Pennsylvania Court of Common Pleas·Decided May 15, 1792·Published

Opinion

The Court.

The intention of the prisoner in taking the horse, is a matter for the consideration of the jury ; whether it was done animo furandi, or not ? As to the law, it is dear that the bare charge or care of a horse, does not change the legal possession out of the master. If the prisoner took him away with intent to steal or convert him to-his own use, it is felony ; notwithstanding he had the care of him as hostler. But it is only a breach of trust, if he take him to use him, and then return him again. 1 Hawk. 90. 1 Hale’s P. C. 505, 506.

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The Court.

The intention of the prisoner in taking the horse, is a matter for the consideration of the jury ; whether it was done animo furandi, or not ? As to the law, it is dear that the bare charge or care of a horse, does not change the legal possession out of the master. If the prisoner took him away with intent to steal or convert him to-his own use, it is felony ; notwithstanding he had the care of him as hostler. But it is only a breach of trust, if he take him to use him, and then return him again. 1 Hawk. 90. 1 Hale’s P. C. 505, 506.

State v. Self, 1 S.C.L. 242 (Pa. Super. Ct. 1792).

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