145 Iowa 731 | Iowa | 1909
The defendant and Charles Clark, his brother, were indicted for the alleged larceny of sixteen head of cattle. Fourteen of these cattle .were the property of one Allen, and two of them were the property of one Walker. These cattle disappeared from the pastures of their owners on Sunday night, Tune- 2, 1907. The theory of the state is that these cattle were taken by the defendants on Sunday night, and driven to Libertyville, twelve and one-half miles distant, and shipped to Chicago on Monday morning. The defendants were seen on the Sunday night, driving in the direction of this pasture with a team and buggy. A number of witnesses testified that late on Sunday night they separately met, on the road between the pasture and Libertyville, two 'men driving about this number of cattle in the general direction of Libertyville, and thát one of the men was on foot, and the other was in a buggy driving a team. The testimony of these several witnesses related to different points in the route, and at different hours in the night. The last witness fixed the time at about twelve-thirty o’clock. The cattle were then being driven into the city limits of Libertyville. On Monday morning the defendant had sixteen cattle in the stockyards at Libertyville, for which he had already engaged a car, and which he shipped to Chicago in the morning. He had come to the hotel at Liberty-
For the error pointed out in the second division hereof, the judgment below must be reversed. — Reversed and remanded.