Nature of the Case
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Facts
D hired a horse and buggy to drive to Laurel’s creek. In the company of a woman, he drove beyond the creek to Bear creek in an adjoining county. D left the horse in charge of Cornutte until D returned a day or two later. D borrowed $2 from Cornutte representing that the horse of buggy belonged to him. D crossed over into West Virginia where he was arrested for having stolen the horse. D claims he was on a spree and drinking and drunk and that because he had one arm the women did the driving and he went to sleep and that when he woke up she had driven beyond his destination. As for Cornutte, he was so drunk he did not remember what he said. D denied any intent to steal. D also testified that when he was arrested he had enough money to pay Cornutte back the $2 and additional to pay for the care of the horse. D was found guilty and appealed.
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