Cuin

Defendant was convicted of the crime of grand larceny and sentenced to serve a term in the state penitentiary. There was a motion for a new trial and an appeal was then taken from the judgment and from the order denying that motion.

The subject of the alleged larceny was a certain cow belonging to one Lammers. By the testimony it was shown that Lammers, being the owner of a lot of cows, leased eleven of them to a Mrs. Elliott who was conducting a dairy a short distance from the town of El Centre in Imperial County. Mrs. Elliott received the cows in July, 1914. In September Hammers visited the Elliott Ranch and found only nine of the eleven cows there. He was told that the two had jumped out of the field into another pasture. At another time, as Hammers testified, Mrs. Elliott stated that the two cows had strayed off. Upon making a search for the missing cows Hammers discovered on the ranch of one.Gibson, which was several miles away, the carcass of a cow, with the hide, head, and horns, which he identified as being those of one of the missing cows. The color of the hide, he testified, was like that of his cow, but he particularly based his identification upon the peculiar shape…