143 P. 627 | Or. | 1914
delivered the opinion of the court.
The only question raised upon this appeal is in regard to the proof of ownership of the property alleged to have been stolen. It is the contention of counsel for defendant that the state failed to offer any evidence of title of the two calves alleged in the indictment to be the property of the Blitzen Valley Land Company, except by brand, and that no evidence
“ * * All brands shall be recorded in the county where owner resides, and in such other county where such animals usually range; and no evidence of ownership by brand shall be permitted in any court of this state on or after November 1, 1894, unless such brand shall be recorded as in this act provided. ’ ’
Section 5528, L. O. L., is to the effect that where the title to any stock is involved, the duly recorded brand on the animal shall be prima facie evidence of ownership of the person owning such brand. The brand referred to not having been recorded as provided by the statute, there must be some other proof of ownership of the calves.
*204 “ * * Brands duly recorded according to law must usually be proved by a copy of the record to identify stolen animals. This is prima facie proof of the ownership of the animal bearing that brand. The statutes do not make brands and marks evidence of identity, for they are evidence aside from statute. The effect of the statutes is to render a certified copy of the record admissible in evidence. * * ”
“Q. What company’s holdings did the Blitzen Valley Land Company buy and take over?
“A. The French Glenn Company.
“Q. Take over all of their holdings?
“A. Taking over the real property and all of the cattle that was left in this country, all of the cattle that wasn’t shipped out.
“Q. And took over their irons, did they?
“A. Yes, sir.
•‘Q. What was the old French Glenn iron?
“A. FG among other irons.
“Q. FG was one of their irons?
“A. Yes, sir, and the iron that we are running at the present time.
“Q. And the Blitzen Valley Land Company now own the FG iron?
“A. Yes, sir.
“Q. And the FG stock?
“A. Yes, sir.
“Q. Whose cows were those two cows?
“A. They belonged to the Blitzen Valley Land & Cattle Company.
“Q. Whom did those calves belong to?
“A. I suppose they belonged to the same company.
“Q. The Blitzen Valley Land Company?
“A. Yes, sir.” .
Romaldo Glove, who worked for the company, caring for the cattle, was asked the following questions in part:
“Q. Just describe the cows generally.
“A. There was a red, bald-faced cow and a red cow —might have had a few white marks on it, if she did.
“Q. Whose cows were those?
“A. Belonged to the Blitzen Valley Land Company.”
There was evidence tending to show that the Blitzen Valley Land Company was and had been for a long time running cattle with an FGr brand in Harney County; that it owned all the cattle on that range with the brand mentioned; that it was the custom to sell cattle with this brand only to be butchered or shipped out of the country; that a day or two before the cows and calves were missed a Mr. Dunn drove them in from another part of the range, a distance of about 12 miles, and left them near a pasture, on the outside, from which place they were driven by the defendant and an assistant. The testimony in regard to the ownership, outside of the proof of-the brand, if believed by the jury, was amply sufficient to establish the title to the calves in the alleged owner.
We have examined the evidence and other record with the care which the importance of the case demands. Finding no error, the judgment of the lower court is affirmed.
Affirmed. Rehearing Denied.