Nunley

Defendant was convicted of the crime of grand larceny, the information alleging that he stole a horse, the property of J. Suey Lung.

1. The principal question arising on the appeal is, that there is a fatal variance between the proofs and the information as to the ownership of the horse. There is evidence that the horse was one of several belonging to a company of Chinese known as Hop Fong Company; that this company was composed of some twenty men and some women, and was divided into twenty-three shares, of which J. Suey Lung owned two, a mercantile company in San Francisco, known as Fook Wah, ‘held three or four shares, others owned one share each, and one or more a half share. The company was a partnership, and leased and cultivated land for a garden. The alleged owner of the stolen horse, J. Suey Lung, was not only one of the partners, but was the “boss man” of the company, or its manager; he made the lease with the owner of the land; employed and discharged the men working there; bought the horses required and sold horses not needed; bought all the supplies required by the company; sold the products of the gardens; deposited the company money in bank, sometimes in his own…