Fagan

The defendant, having been convicted of grand larceny, appeals from the judgment and from an order refusing him a new trial. He claims that there was no evidence against him, or if any, none that he had committed the crime of grand larceny.

On October 2, 1891, twenty-one head of cattle were taken from Mr. Weyer’s ranch, about twenty-one miles east of Modesto. The next morning they were seen at Clark’s place, about three miles west of Modesto. They were driven from there by William Ducker, a co-defendant of appellant, and another person not recognized, but who was not appellant. During the night of October 8th eleven head of them were left or found their way to Howard’s ranch, near the Coast Range, how far from Modesto cannot be made out from the evidence exactly, but apparently near fifteen miles. The brands upon these cattle had then been changed and the ears cut off so as *232 to obliterate the marks. Here they were taken in charge by William Grummett, with whose cattle they were found,

October 17th the sheriff of the county, having learned of the larceny from Weyer’s place and of the presence of the cattle at Howard’s, came over, took possession, turned them into Howard’s…