R v William Cabbage
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1815 |
| Date | 01 January 1815 |
| Court | High Court of Chancery |
English Reports Citation: 168 E.R. 809
LINCOLN'S INN
Doubted, R. v. Godfrey, 1838, 2 J. P. 582. Considered, R. V. Long & Roberts, 1839, 4 J. P. 411. Referred to, R. V. Wynn, 1848, 1 Den. 365.
1815. rex v. william cabbage. (Larceny. To make a taking felonious it is not necessary that it should be done lucn causa ; taimg with an intent to destroy will be sufficient to constitute this offence, if done to serve the prisoner or another person, though not in a pecuniary way ) [Doubted, R. v. Godfrey, 1838, 2 J. P. 582. Considered, R. v. Long & Roberts, 1839, 4 J. P. 411. Referred to, R v. Wynn, 1848, 1 Den. 365 ] The prisoner was tried before Thomson C B., at the Lent assizes for the county of Lancaster, in the year 1815, on an indictment for feloniously stealing, taking, and leading away a gelding, the property of John Camplin. The second count charged the prisoner with feloniously, unlawfully, wilfully, and maliciously, killing, and destroying a gelding, the property of the said John Camplin, against the statute, &c. The counsel for the prosecution elected to proceed upon the first count. It appeared that the gelding in question was missed by the prosecutor from his stables on Monday, the 28th February, 1815 The stable door, it appeared, had been forced open. The prosecutor went the same day to a coal-pit, about a mile from the stable where he saw the marks of a horse's feet. This pit had been worked out and had a fence round it, to prevent persons from falling in, one of the rails of this fence had been recently knocked off: a man was sent down into the pit, and he brought up a halter, which was proved to be the halter belonging to the gelding. In about three weeks after the finding of the halter, [293] the gelding was drawn up from the coal-pit in the presence of the prosecutor, and who knew it to be his The horse's forehead waa very much bruised, and a bone stuck out of it. It appeared that at the time this gelding was destroyed, a person of the name of Howarth was in custody, for having stolen it in August 1813, amd that the prosecutor Camplin had recovered his gelding again about five weeks after it was taken. Howarth was about to take bis trial for this offence when the gelding wag destroyed in the manner stated. The prisoner Cabbage was taken into custody on the 27th March, 1815 , and on his apprehension he said that he went in company...
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