Castro

Appellant was tried upon an information charging him with having stolen a cow, was found guilty, and sentenced to imprisonment in the state’s prison for the term of ten years.

Mr. Rice, the owner of the cow, testified that it was in the pasture on the 25th of February, 1898, and on the 26th'he found it in the slaughter-pen of Metcalf & Gehl, and that it was taken from the pasture and placed in the pen without his permission.

Mr. Baker testified that on the morning of the 26th he went to the pasture and found that the fence had been taken down, his cow taken out and the fence put up again, and saw the tracks of three cows and two horses which he followed to said slaughter-pen, and there found three cows, one of which was his and one Mr. Rice’s.

At this stage of the evidence the prosecution called Thomas B. Hicks, who testified that he was the jailer of the county jail, that he had known the defendant two years, and saw him at the jail on February 26th. He was then asked: “Did you hear him make any statement in regard to his guilt or innocence in this matter?” The defendant objected to the question, “and asked leave to introduce testimony to show that the admissions sought to he…