State v. Montgomery

Citations

• 17 S.D. 500
• 97 N.W. 716
• 1903 S.D. LEXIS 82

Syllabus

<p>1. An information charging that one stole four black hogs (describing them), “the personal property then and there being of one S.;” contains a sufficient allegation of the ownership of the property.</p> <p>2. Where one .testified that he knew the value of hogs at the time in question, and that he had seen similar hogs sold on the market, and bought others, his testimony as to the value of hogs which he had seen and lifted was admissible.</p> <p>3. Where an information charged the stealing of four black hogs, with white spots, and th'e evidence showed two answering that description— one black, with scattered white hairs, and the fourth all black — it was proper to refuse a charge that the accused cannot be found guilty of stealing more than two hogs, and to charge instead'that, if the jury find that any of the hogs do not answer the description, the degree of the crime is fixed by the value of those that do.</p> <p>4. Where an information charged the stealing of four hogs, and the evidence showed their value to be from $12 to $15 each, a conviction of g’rand larceny is sustained, under Rev. Pen. Code § 608, defining grand larceny as larceny of property of the value of more than $20, thodgh only two of the hogs answered the description of the indictment.</p> <p>5. Under a descriptive allegation in an information that sows were heavy with pig, testimony that they were pregnant and “about half gone” was sufficient to go to the jury on the question of identification of the stolen property.</p>