Schell

Defendant has been convicted of the crime of grand larceny in stealing a certain gray horse, and now prosecutes this appeal. At the conclusion of the people’s case defendant placed a witness (Amos) upon the stand, who testified that he heard a conversation between defendant and one Spivey, in Fresno, the day prior to the time when the horse was taken. He was then asked the following question: “I will ask you if at that time this defendant and another person did not have some conversation in regard to a gray horse, and where this defendant could find that gray horse?” An objection was made and sustained to the question, and this ruling is assigned as error.

After the witness had been withdrawn the defendant took the stand and testified that Spivey told him at the conversation of the previous day that he, Spivey, had a gray horse which he would turn into defendant’s pasture, and which defendant might sell,-and upon his return to his home that night he found this gray horse in his pasture. This evidence of the defendant was clearly admissible, the truthfulness and good faith of the statements being matters for the jury to test; and if the question addressed to the witness Amos had…