Ti»  eoBstitTite  tke  offense  of  laroeny,  it  is  not  neeessuy  that  the  taking  shonld  hsTO
been  eauaa  lucri—\i  is  snffldent  that  the  taking  were  frandnlent  and  with  intent  to  de-
prive the  owner  of  his  property.    Beview  of  common  law  aathoritiea  on  this  point.
Uikder  the  act  of  1856,  exception  to  the  flnffioieney  of  the  proof  of  renae  most  bo
taken  at  the  tria!  in  the  conrt  below,  or  the  point  will  not  be  available  here.
Error  to  circuit  court  of  Adams  county.    Fossy,  J.
<?.  IT  Wilcoxj  for  plaintiff  in  error.
Cited,  The  State  y.  Hawkins,  8  Porter,  461.
jT.  J.  Whartony  attorney  general,

ated.  Sandal  r.  State,  4  S.  &  M. ;  Coon  y.  State,  13  ib.,  249.
Hakdt,  J. :

The  plaintiff  in  error  was  indicted  and  conyicted,  in  the
Adams  circuit  court,  for  stealing  a  slaye.
The  eyidence  in  support  of  the  indictment,  offered  on  the
trial,  was  to  the  following  effect :

John  A.  McGill  testified  that  the  slaye  was  his  property,  and
that  he  left  his  plantation  about  the  12th  of  March,  1856  ;  that
his  oyerseer  had  given  the  slaye  a  pass  to  go  to  St.  Joseph,
Louisiana,  on  the  steamer  Princess,  witness  being  at  St.  Joseph
at  the  time,  but  that  the  slave  did  not  go  there ;  that  the  ac-


1090  Hamilton  v.  State.  [33  Miss.
