Rivera

Defendant, together with Bert Rivera and John Cassou, was charged with having committed the crime of grand larceny by stealing a heifer belonging to Elias Munz. The theft of the animal was claimed to have been committed in the cattle-raising district of Los Angeles County, near Elizabeth Lake. Appellant was convicted of the charge and sentenced to serve a term of imprisonment in the state prison. He appealed from an order denying a motion for a new trial and from the judgment.

As a principal contention involved in a consideration of the appeal is that the evidence was insufficient to warrant the jury in finding a verdict of guilty, it will be proper to review briefly the testimony introduced by the prosecution as the typewritten record shows it: At the time of the alleged theft appellant resided at a ranch which appears to have been owned or controlled by his brother and codefendant. Several miles away was the ranch of complainant Munz. Shortly before the 20th of April, 1914, Munz drove two cows, or rather a black cow and the heifer which was alleged to have been stolen, on to a nearby range, where they were left in charge of one Babcock. They were then upon an open range and at…