Ahern

The defendants were charged by information filed in the superior court of the county of Merced with the larceny of a “sorrel mare” alleged to be the property of one David Baling, and upon a trial upon said charge were convicted.

They appeal from the judgment and the order refusing to grant their motion for a new trial.

They object to the verdict on these general grounds: That the verdict is against law and against the evidence, and that the court committed prejudicial error in the allowance, over their objection, of certain evidence.

Both defendants were, at the time of the commission of the crime charged, convicts on parole, and were employed as laborers on what is known as the “Holland Farm,” in Merced County, the property of Miller & Lux.

David Baling, owner of the alleged stolen animal, resided with his father and mother on a farm about a mile and a half from the town of Dos Palos, in Merced County. The evidence introduced by the people disclosed that the alleged larceny was committed under the following circumstances: On Sunday, July 10, 1921, in the middle of the afternoon of said day, one Charles Griffin, who was then stopping at the home of the Balings, desiring to go…