Was horse theft a capital offense during the Old West era? Anthony Grizzell Sacramento, California American law doesn’t use capital punishment for property crimes like horse theft. Bob Palmquist, an attorney in Tucson, Arizona, says he doesn’t know of any territory or state where anyone was legally hanged for horse theft. Arizona and New Mexico, under pressure from the railroads, made train robbery a capital crime around 1890, but it was rescinded when juries refused to convict a train ro


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