61 P. 1033 | Idaho | 1900
The defendant was convicted of the crime of grand larceny, and from the judgment of conviction and from the order denying a new trial this appeal is taken. The defendant was arrested upon a charge of grand larceny, in the stealing of a certain head of livestock. He had a preliminary examination before a committing magistrate, upon which he was committed to appear and answer any indictment or information that might be filed against him upon said charge at the next term of the district court. Defendant gave bail for his appearance at the district court. At the next term of the district court an information was regularly filed by the county attorney against the defendant, charging him with the crime for which he had been held to answer. At the next term of. the district court the defendant failed to appear and answer, and his bail was forfeited. A reward for his' apprehension was offered, and he was subsequently arrested in the northern part of the state, and was brought to trial, upon which trial he was convicted of the crime of grand larceny, and duly sentenced for a term of years in the state penitentiary.
There are four specifications of error assigned in the brief of the appellant, the first of which is, to wit, “that the evidence was insufficient to justify the verdict/’ etc. These facts seem to be established by the evidence: The identity of the animal alleged to have been stolen. That said animal was slaughtered 'by or for the defendant, and by his direction. Much of the transcript is taken up with evidence going to prove the possession of the animal and its slaughter by defendant — a fact which does not appear to have been contested or denied by defendant.
The only question remaining is, Was the possession of the animal by the defendant a felonious possession? The bare possession of property recently stolen is not conclusive evidence
We have examined the instructions, and find no error in them, provided the evidence was sufficient to sustain the verdict, and we think there was no error in refusing to give the instruction requested by counsel for the defendant. We have