55 Neb. 586 | Neb. | 1898
In the district court of Merrick county plaintiff in error was convicted upon a charge of larceny of three calves, and was thereupon sentenced to imprisonment in the penitentiary at hard labor for the period of three and one-half years.
H. Wieger was the owner of seventeen calves previous to and on May 26, 1897. From these, three were stolen in the night-time between May 25 and May 26, 1897. Two days afterward Wieger found these three calves in the possession of Mr. McGinley, who had, on said May 26, purchased them, with four others, from one Charles Gregory. Mr. Wieger resided at that time in Merrick county and Mr. McGinley resided in Buffalo county about sixty miles westward from Mr. Wiegetis residence. About May 14, 1897, Hilligas, the plaintiff in error, was hired by George Fleebe, a farmer living six and one-half miles eastward from the farm of Mr. McGinley. At that time, and previously, Charles Gregory was likewise an employé of Mr. Fleebe. On May 24, 1897, Gregory contracted to sell and deliver to McGinley seven calves, which were to be of a stated description. On that same day plaintiff in error, accompanied by Gregory, drove a team owned by plaintiff in error eastward from the farm
Reversed and remanded.