174 THEFT AND REMOVAL OF ANIMALS. 



law." ■** But where the defendant dragged a hog twenty 

 yards and struck it with an axe and it squealed and he then 

 ran away, leaving it where it was, there was held to be no 

 asportavit. "The controlling principle in such cases would 

 seem to be that the possession of the owner must be so far 

 changed as that the dominion of the trespasser shall be com- 

 plete." "*" Thus, it is a sufificient asportation of sheep if they 

 are removed from the flock and even for an instant under the 

 control of the defendant."^ And if a person takes and leads 

 a horse any distance with felonious intent, the asportation is 

 complete, though the animal is not removed from the en- 

 closure or lot which he was on at the time.**^ And the lar- 

 ceny in such cases is continuous during the removal, and any 

 one participating in it at any stage is guilty of the offense,'* 

 but it is otherwise of the mere receipt of stolen animals, 

 though with guilty knowledge.'* 



Where by statute asportation need not be shown, there may 

 be a conviction of stealing an animal on proof of killing it 

 with felonious intent, even if it has never actually passed into 

 the possession of the slayer."* So, an indictment for the 

 theft of animals would be sustained by proof of fraudulently 

 killing them and selling their hides;'® or illegally marking 

 and branding them with felonious intent.'" 



" Croom V. State, 71 Ala. 14. And see Kemp v. State, 89 id. 52; Frazier 

 V. State, 85 id. 17; State v. Gilbert (Vt.), 34 Atl. Rep. 697. 



°° Edmonds v. State, 70 Ala. 8. And see Wolf v. State, 41 id. 42. 



" State V. Gray, 106 N. C. 734; State v. Carr, 13 Vt. 571. 



'" State V. Gazell, 30 Mo. 92. And see Delk v. State, 64 Miss. 77. 



™ Peo. V. Wiley, 20 N. Y. Suppt. 445. 



" Wheeler v. State, 34 Tex. Cr. 350. 



°* Coombes v. State, 17 Tex. App. 258, overruling Martin v. State, 44 

 Tex. 172; Hall v. State, 41 id. 287. 



But under an indictment for theft there cannot be, in Texas, a conviction 

 of unlawfully killing without the owner's consent: Beavers v. State, 14 

 Tex. App. 541. 



"^ Musquez v. State, 41 Tex. 226, citing Rex v. Rawlins, 2 East P. C. 

 617, where an indictment for stealing lambs was held to be sustained by 

 proof that the carcasses were found on the owner's ground and only the 

 skins taken away. And see McPhail v. State, 9 Tex. App. 164. 



" Coward v. State, 24 Tex. App. 590. 



