Machado

The -defendant was indicted with another for the crime of grand larceny. The property stolen is described as “one cow, the same being the property then and there of Hathaway and Branch,” etc. The indictment was demurred to on the ground of the insufficiency of this description. The description, I think, was sufficiently certain: 12 Ency. Pl. & Pr., pp. 977, 983 et seq.; People v. Littlefield, 5 Cal. 355 , affirmed in People v. Ah Woo, 28 Cal. 211 ; People v. Stanford, 64 Cal. 27 , 28 Pac. 106 .

It is claimed the court erred in refusing to give the following instruction: “The jury have a right to consider that innocent men have been convicted, and to consider the danger of convicting an innocent man in weighing the evidence to determine whether there is reasonable doubt as to defendant’s guilt.” The instruction is substantially similar to an instruction refused in People v. Durrant, 116 Cal. 185 , 222, 48 Pac. 75 , and comes within the ruling in that ease.

Objections were made to numerous rulings of the court on the evidence, but none of them are well taken. The witness Avila had testified, without objection, as to finding on the premises of defendant what he called “a ‘slunk’…