57 P. 631 | Or. | 1899
delivered the opinion.
The defendant was indicted jointly with Augustus Hill and Jack Ogg, for the crime of larceny in stealing fifty-two head of horses, the property of Peter Nelson. He was tried separately, and convicted, and from the judgment rendered thereon he appeals.
It is argued, however, that in the case at hand there was no proof of ownership other than by means of the brand ; but we do not so read the record, and, besides, no such question was raised in the court below. The sole question there made was as to the competency of the testimony identifying and describing Nelson’s brand, and showing that the animals alleged to have been stolen were branded therewith, and not as to whether the state had given sufficient proof of ownership to carry the case to the jury. It is, therefore, unnecessary for us to pass upon this phase of the case ; but, if the question was properly here, we should have no hesitancy in holding that there was ample evidence of ownership to support the verdict. Nelson testified that he was the owner of seventy-five or one hundred head of horses, describing them in a general way, running on the Badger Spring Range, which were branded with his brand, and the state gave evidence to the effect that about that number of
The next assignment of error relates to the admission of the testimony of the witness McCarty as to the ownership of the [¶] horses, found with those alleged to have been stolen by the defendant when the shipment reached the Linnton cannery in Portland. What is said in the case of State v. Hanna on this question is also applicable here.
Affirmed .