Hutchings

Appellants were charged, jointly with one John Gray, with the crime of grand larceny. The charge was dismissed as to Gray, and appellants were each and all convicted as charged. They appeal from the judgments entered against them respectively, and from an order denying their motion for a new trial.

It is contended in support of the appeal that the verdict is contrary to law and the evidence, that the court erred in its rulings upon the admission and rejection of evidence at the trial, and in giving and refusing to give certain instructions to the jury.

The information alleges that the defendants “did . . . steal, take and drive away [from the possession of one George L. Wallace] one large brindle steer branded,” etc., “. . . said steer was and being then and there the personal property of said George L. Wallace,” etc. It is urged by appellants that because of the allegation that the animal was taken from the possession of the owner they were entitled to have the jury instructed that unless the evidence established that the steer was taken from the possession of George L. Wallace a verdict of “not guilty” should be returned. For the same reason it is contended that it was error…