
    The State against Self.
    if an hostler, care anti horse,6 °take Intent'to^convert him to lus own use, k w fel0n?-, he only take hiín, and then again*1; in the latter^case, it “breach of
    THE prisoner was indicted for horse-stealing. It appeared in evidence, that he was a hostler to Mr. Tims, innkeeper at the Ten-Mile House, and that in the night time, he went off, and took with him the horse,
    On behalf of the prisoner, it was contended, that this * ’ was only a breach of trust, and not a felony because he had the care and charge of the horse, and by this means gained a possession by the consent of the owner; conse-there could be no felony committed, as he came legally and fairly into the prisoner’s custody.
   The Court.

The intention of the prisoner in taking the horse, is a matter for the consideration of the jury ; whether it was done animo furandi, or not ? As to the law, it is dear that the bare charge or care of a horse, does not change the legal possession out of the master. If the prisoner took him away with intent to steal or convert him to-his own use, it is felony ; notwithstanding he had the care of him as hostler. But it is only a breach of trust, if he take him to use him, and then return him again. 1 Hawk. 90. 1 Hale’s P. C. 505, 506.  