Gholston v. State ( 1870 )

Walker, J.

This court has heretofore held that a gelding is not a horse—and that an indictment which charges the malicious killing of a horse will not be supported by proof of the killing of gelding, is the legal sequence. The charge of the court below was erroneous, and there was error in refusing the charge requested by the defendant’s counsel.

The judgment is reversed and the case dismissed.

Reversed and dismissed.