Cain

The defendant was convicted of the crime of grand larceny upon an information wherein it was charged that he did willfully, unlawfully and feloniously take, steal, lead and drive away a certain young cow, to wit, a heifer then and there of the age of about two and one-half years, and then and there the personal property of one T. D. Cheney. Defendant appeals from the judgment and an order of the court denying his motion for a new trial, and in support thereof presents his bill of exceptions.

The subject of the larceny charged was a cow which belonged to defendant. When it was about one year old defendant placed it in a pasture owned by one Blades, agreeing to pay Blades a certain sum per month for its pasturage. A year later, April, 1906, Blades sold and transferred possession of the pasture to T. D. Cheney, who, through Blades, informed defendant, that if the animal remained there he (Cheney) would charge defendant one dollar per month for its pasturage. In September following the defendant called upon Cheney to pay the pasturage bill and get the cow, but owing to a dispute as to the amount due for pasturage and defendant’s refusal to pay the sum claimed by Cheney as due himself…