162 P. 616 | Utah | 1916
The defendant was convicted of the larceny of a heifer, which, under our statute, constitutes a felony.
One of the principal witnesses for the state was one Price, who at the time of the alleged larceny was in the employ of the defendant. Price testified to the killing of the animal by the defendant, who, he says, was assisted by the witness and defendant’s boy, a lad about 14 years of age, and, among other things, testified in detail to the killing of the animal. He described the animal and detailed the circumstances' of the killing and what was done with the meat and hide. He •further- testified that the animal had a tag in one of its ears with the owner’s name stamped on it; that the defendant severed the ear and told the witness to throw it away or Conceal it, and that the witness, pursuant to the request, did throw the ear into the brush. near where the animal was killed; that the meat and hide were taken to' the defendant’s sawmill some distance from where the killing occurred, and the hide burned on the evening of the day the killing took place, and that the meat, or at least some of it, was used in defendant’s family; that the witness thereafter, with the sheriff of Wasatch County, at the latter’s request, went to the place where the calf was killed, and that they found the ear, which had been severed from the calf, in the brush where the witness had thrown it, with the tag containing the owner’s name still fastened thereto. The sheriff corroborated the witness Price with respect to the finding of the ear, and also with respect to finding other evidence showing that an animal had been killed at the place pointed out by the witness
“I might say that I would prefer that the exhibit (the tag and ear) be not inspected by the jury at this time, so that later on I might change my ruling with regard to it if I see fit.”
Now it is contended that the court let the matter rest there until after the arguments were concluded, when the exhibit, with other exhibits in the case, were, under our statute, submitted to the jury; Defendant’s counsel now insist that by reason of what was done in that regard they had no opportunity to argue the matter to the jury. The court had, however, squarely ruled that the exhibit was competent evidence, and that it had been sufficiently identified before it made the
No legal reason appearing why the judgment should not stand, it should be, and it accordingly-is, affirmed.