44 P. 1089 | Ariz. | 1896
Defendant was indicted for the larceny of a steer, the property of the Empire Land and Cattle Company. He pleaded not guilty. On the trial of the cause, the testimony of witness Turner, the foreman of the cattle company, disclosed that the animal stolen was a spayed cow. The statute (Pen. Code, par. 765) makes the “felonious taking of . . . cow, steer, bull, calf, ... or any neat or horned cattle, grand ' larceny, without regard to the value. ’ ’ A “steer” is defined to be a “young male of the ox bind, or common ox; especially a castrated taurine male, from two to four years old.” Webster. Defendant moved the court to strike out all of witness Turner’s evidence relating to such cow, on the ground that the indictment charged the larceny of
Baker, O. J., and Rouse, J., concur.