Opie

The defendant, Opie, was jointly charged with Edward Opie with the stealing of gold ore of the value of five hundred dollars. The information is in the usual form where grand larceny is charged, and it is now insisted that it is fatally defective. Under the case of People v. Williams, 35 Cal. 671 , the contention would have weight,but the legislature, with the view of modifying the law as there declared, passed an act found in the statutes of 1871-72, page 282. By that statute the stealing of gold ore, whether severed from the earth or not by the party charged, is made a crime. And for that reason the information as here laid charges grand larceny.

Having arrived at the conclusion that a new trial must be ordered, we refrain from any detailed discussion as to the sufficiency of the evidence to support the verdict. We will only say that while the evidence bearing upon the identification of the ore as to being ore taken from á certain mine is conflicting, *296 still, looking at the case from all sides, we are not prepared to say that the jury were not justified in rendering a verdict against the defendant.

William Opie and Edward Opie were jointly charged. William Opie was upon…