Ashe, J.
The defendant was indicted for stealing a dog. It is no offence at common law. 4 Bl. Com., 236; Arch. Cr. Pl., 175; 1 Hale P. C., 512. The common law is the law of this state, except where altered by statute; and we have no statute making it larceny to steal a dog ; therefore, the indictment cannot be sustained.
There is no error. Let this be certified to the superior court of Davidson county.
No error. Affirmed.