State v. Donnegan
| Decision Date | 31 March 1863 |
| Parties | THE STATE OF MISSOURI, Respondent, v. WILLIAM DONNEGAN, Appellant. |
| Court | Missouri Supreme Court |
Appeal from St. Louis Criminal Court.
Voullaire, for respondent.
I. Evidence of stealing a gelding will support an indictment for stealing a horse.
II. It is lawful for a circuit attorney to enter a nolle prosequi to a part of a count in an indictment. (
Jecko and Hume, for appellant.
The defendant was indicted for stealing a horse, mare, buggy and set of harness. Before the trial, the circuit attorney announced that he would not further prosecute the indictment against the defendant so far as the same relates to the charge of the larceny of the buggy and set of harness.
We cannot see that there was any error in this prejudicial to the defendant. At the trial, evidence was given of the larceny of a gelding, and objection was made that it did not support the indictment for stealing a horse. There is no force in the objection.
Judgment affirmed.
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