Strombeck

An information was presented against defendant, wherein it was charged that he “did willfully, unlawfully, and feloniously mark a certain domestic animal, to wit: A stud colt, belonging to one Thomas Beasore, by then and there slitting the ears of said animal with intent thereby to prevent identification thereof by the true owner, to wit: the said Thomas Beasore.” Having been found guilty by a jury, and adjudged to suffer imprisonment in the state prison for two years, he has appealed from the judgment and from an order denying his motion for a new trial.

1. The information states a public offense under the provisions of section 357 of the Penal Code. That section is as follows: “Every person who marks or brands, alters, or defaces the mark or brand of any horse, mare, colt, jack, jen net, mule, bull, ox, steer, cow, or calf belonging to another, with intent thereby to steal the same, or to prevent identification thereof by the true owner, is punishable by imprisonment in the state’s prison for not less than one nor more than five years.”

Under its terms one who in any way marks any animal therein named belonging to another, with intent thereby to prevent identification thereof…