French

The appellant, French, was convicted of the crime of grand larceny, and appeals from the judgment and order denying his motion for a new trial.

The court very properly sustained an objection to the question, “ When was it you drove them there?” The interrogatory did not refer to the cattle which the defendant was charged with stealing, and was wholly irrelevant to the issue upon trial. The fact that the witness in his examination in chief made statements as to the acts of the defendant with reference to certain other cattle, which, as far as the record discloses, were statements volunteered by him, does not give appellant the right to enter into a cross-examination upon such matters. The subject-matter of examination was foreign to the issue, and appellant’s remedy was an objection to the questions, if such were asked; and if the statements were volunteered, then a motion to strike out would have subserved all purposes.

The court gave the jury the following instruction: “ The essence of the crime charged in this information is ‘ feloniously stealing and driving away the cattle.’ This is charged to have been done on or about the 20th of November, 1890. You will see that the…