Sialubi v. People

1971

Court: Zambia Supreme Court

Facts: Sialubi had someone else's calf; he claims that it was dead when he got it, and he had permission from the owner to take the dead animal. The owner disputes this view of the facts.

Posture: Appeal from a trial where Sialubi was convicted because the judge believed the owner.

Issue: Does the statute, with its very harsh penalties, cover dead animals?

Holding: No. It only refers to live animals.

Rule: This is a more general theft, not a live stock theft.

Reasoning: The trial court did OK with determining that there was a theft, but didn't properly address the question of whether the beast was alive.

Dicta: