Warden v. State

Citations

• 60 Miss. 638

Syllabus

<p>1. Grimin'al Law. Larceny. Motive in the talcing.</p> <p>W. was indicted for grand larceny. The proof indicated that he surreptitiously took the mule of M. and led it into the swamp and killed it. Whether the killing was immediately upon the taking, or took place afterwards and was for the purpose of concealment, does not appear. There was bad blood between the accused and the owner of the mule and the evidence tended to show that the taking was done with no desire for gain hut solely from malice. Held, that under these circumstances the motive which prompted the taking was immaterial, and that a furtive and fraudulent taking without pretence or claim of right, with intent wholly and permanently to deprive the owner of his property, though without intent or desire for gai% on the part of the taker, was larceny. Hamilton v. The State, 35 Miss. 214, approved.</p> <p>2. Same. Larceny. Malicious mischief.</p> <p>The fact in the case above stated that the accused killed the animal after he had carried it away, and in so doing was guilty of malicious mischief does not free him from the guilt of larceny already incurred.</p> <p>3. Same. Instructions.</p> <p>It is not error for a circuit judge, of his own motion, to give instructions in modification or explanation of those prepared by counsel. Bob Watkins v. The State, ante, distinguished.</p>