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. |
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Dicta: |
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