HORSE, MARE, GELDING, ETC. 181 



In other States also it has been held that the word "horse" 

 in a statute is used in the sense of "stallion," and that, conse- 

 quently, evidence that the animal was a gelding is a vari- 

 ance."' In Montana, where the indictment was for stealing 

 a "gelding," evidence that the animal was a horse or colt was 

 held to be a fatal variance, the court saying : "In the indict- 

 ment we have the description of one definite well-known ob- 

 ject — in the proof a term which may be applied to a half- 

 dozen different objects." "* 



A mule is not a "horse, mare or gelding" in a statute 

 against larceny. '^^'^ 



A ridgling (i. e., a half castrated horse) is not a "gelding" 

 but a "horse," and evidence of the animal being a ridgling 

 was held not to support an indictment for stealing a "geld- 

 ing ;" and where the court below instructed the jury that proof 

 which showed that the animal, though but partially castrated, 

 was so castrated as to appear and be considered as a gelding, 

 would sustain the allegation that it was a gelding, this was 

 held erroneous as upon the weight of the evidence.^^* 



Under a statute imposing a penalty on receiving and con- 

 cealing stolen "goods or articles," a horse is included in these 

 terms.^^® 



57. Cattle, Sheep, Hog, Deer — The term "cattle" in an indict- 

 ment has been held to designate domestic quadrupeds gener- 

 ally, while "neat cattle" includes only cattle of the bovine 

 genus. ■'^'' But where a code made express provision for the 

 punishment of the theft of sheep, goats, horses, etc., it was 

 held that "cattle" meant domesticated animals of the bovine 



"'State V. Buckles, 26 Kan. 237; Jordt v. State, 4 O. 348. And see 

 State V. McDonald, 10 Mont. 21, 23. 



"" State V. McDonald, supra. '" Com. v. Edwards, 10 Phila. 215. 



"* Brisco V. State, 4 Tex. App. 219. 



"° State V. Ward, 49 Conn. 429. 



See also as to horse-stealing, Wells v. State, 11 Neb. 409; U. S. v. 

 Flanakin, Hempst. (U. S.) 30; Davis v. State, 10 Lea (Tenn.) 707. 



™ State V. Lawn, 80 Mo. 241. See also § 121, infra. 



