DESCRIPTION IN INDICTMENT. 179 



stolen.** But under an indictment for stealing two animals, 

 proof of the stealing of one will warrant a verdict of guilty.*^ 



An indictment charging the defendant with stealing "three 

 eggs" was held bad for not stating the species of eggs, be- 

 cause it did not show that the eggs stolen might not be such 

 as are not the subject of larceny ;*® but in a later case a doubt 

 was thrown on the correctness of this ruling.®'' 



As has already been said, where the animal stolen is fercz 

 natures, the fact of its being dead, reclaimed or confined must 

 be set out in the indictment.*® 



The older doctrine was that where a statute enumerated 

 several things and the words were so broad in meaning as to 

 overlie one another, the less specific ones would be narrowed 

 in their interpretation to prevent this consequence. But this 

 doctrine has been to a great extent abandoned both in Eng- 

 land and in this country.** The meanings attached to the 

 statutory nomenclature of animals will be discussed in the 

 following sections. 



56. Horse, Mare, Gelding, Etc — It was held in England that 

 the words. "horse, gelding or mare" in a statute punishing lar- 

 ceny included foals and fillies;^"* also, under a later statute, 

 that "horse" would include a mare, a gelding, a colt or a 

 filly."^ In this country a great diversity of opinion prevails. 

 In California, where the words "horse" and "mare" were both 

 used in the code, it was held that, as at common law the word 



" Matthews v. State (Tex. Cr.), 48 S. W. Rep. 980. 



"Alderson v. State, 2 Tex. App. 10; Lowe v. State, 57 Ga. 171; 

 Matthews v. State, supra. 



" Reg. V. Cox, I C. & K. 494- 



"' Reg. V. Gallears, i Den. C. C. 501, per Pollock, C. B. 



"* 2 East P. C. 777. See § S, supra. An indictment for stealing oysters 

 need not cover that they had been gathered or were in the prosecutor's 

 possession: State v. Taylor, 27 N. J. L. 117. 



" Bish. Stat. Cr. §§ 247-8. 



"" Rex V. Welland, Russ. & Ry. C. C. 494- 



For the meaning of "horse" in exemption laws, see § 61, infra. 



"' Reg. V. Aldridge, 4 Cox C. C. I43- 



