
    STATE vs. BYERS
    
      Carthage
    
    
      Oct. 1816.
    Upon an indiom in for larcency, the defendant cannot be found guilty of trespass only.
    Indictment for horse stealing.
    It was argued by Haywood for the state, that every felony included a trespass, and therefore if the jury should not be of opinion that a felony was committed, they might find the defendant guilty of a trespass.
    White e contra.
    No authorities were cited on either side, and the court inclined to adopt the principle in Haywood’s argument.
   Note. The court took up a wrong impression in this case. The better opinion is in Kel. 29, referred to in 2 Easts Cr. Law 737. 778, viz. that a person indicted for grand larceny, cannot be found guilty of a trespass, but must be acquitted.  