182 THEFT AND EEMOVAL OF ANIMALS. 



genus and did not include the other animals.^^^ And in the 

 same State it was held that "cattle" in an indictment must 

 be thus confined in its application.^^^ 



Where on an indictment for stealing a cow it was shown 

 that the animal was only two and a half years old and had 

 never had a calf, and that such a female, however old, if she 

 has never had a calf, is called a heifer, it was held that as the 

 English statute particularly mentions both cows and heifers, 

 the variance was a fatal one.^^* But in this country it appears 

 to be held that the word "cow" includes a "heifer." ^^* 



Upon an indictment for stealing a "cow," one cannot be 

 convicted of stealing a bull.^^'' But a steer has been held to 

 be an "animal of the cow kind" within the meaning of a stat- 

 ute.^ ^® Under an indictment for stealing a steer which is a 

 castrated animal, proof of the beast being a bull is a vari- 

 ance.^^^ A "beef" includes a bull, a cow or an ox in their 

 full-grown state.^^® 



Although the English statute specifies "ram, ewe, sheep or 

 lamb," it has been held that the word "sheep" includes the 

 others and is a sufficient designation of the animal stolen.^^^ 

 And, under the Delaware statute, a "sheep" includes a 

 lamb.^^** One who receives a sheep feloniously stolen alive 

 and killed may be stated to have received "mutton." ^^^ 



A pig may be described as a "hog" in an indictment.^^^ 



"' Mcintosh V. State, 18 Tex. App. 284; Hubotter v. State, 32 Tex. 479. 



'^'^ State V. Murphy, 39 Tex. 46. 



'"= Rex V. Cook, 2 East P. C. 616; i Leach C. C. 105. 



That the species and sex of cattle must be stated in an indictment, see 

 Rex V. Chalkley, R. & R. C. C. 258. 



'"^ Peo. V. Soto, 49 Cal. 67; State v. Crow, 107 Mo. 341; Parker v. State, 

 39 Ala. 365. 



"° State V. McMinn, 34 Ark. 160. 



'" Watson V. State, 55 Ala. 150. And see as to "steer" in an indictment, 

 State V. Abbott, 20 Vt. 537; State v. Lange, 22 Tex. 591. 



"' State V. Royster, 65 N. C. 539. ^^^ Smith v. State, 24 Tex. App. 290. 



™ Reg. V. McCulley, 2 M. C. C. 34; Reg. v. Spicer, i C. & K. 699. 



"° State V. Tootle, 2 Harr. (Del.) 541. 



'=" Rex V. Cowell, 2 East P. C. 617". 



"'Washington v. State, 58 Ala. 355; Lavender v. State, 60 id. 60. 



