People v. Del Cerro

The defendant was convicted of the crime of grand larceny, and prosecutes this appeal from the judgment and the order denying him a new trial.

The principal points urged for a reversal involve certain instructions given to the jury by the court, and in which it is contended that the law pertinent to the charge and the evidence was erroneously declared.

The property charged to have been stolen consisted of about a dozen head of livestock—horses and mules—and are alleged to be the personal property of Miller & Lux, incorporated.

The animals were taken from what is known as the “New Columbia Ranch, ’ ’ of Miller & Lux, situated in Madera county. The bill of exceptions does not contain the evidence- introduced on behalf of the defendant; but the evidence presented by the people shows the facts to be, substantially, as follows: On the 24th of September, 1907, the defendant made arrangements, in his own name, for pasture for a dozen head of young stock, with one B. H. Bissell, a farmer at Dry Creek, about fourteen miles from the city of Fresno. The animals remained in the Bissell pasture until the nineteenth day of October, 1907, when the defendant sold them to Bissell for the sum of…