169 P. 39 | Mont. | 1917
delivered the opinion of the court.
The defendants were tried jointly and convicted of the crime of grand larceny, in the district court of Fallon county. The
The subject of the larceny is described in the information as three heifer and two bull calves of the Hereford breed not branded, of the value of $175, and the property of H. W. Sparks the prosecuting witness. They are alleged to have been feloniously taken from the possession of Sparks in Fallon county on or about August 14, 1916.
Sparks resides on section 34, township 9, north of range 60 east, in Fallon county, about four and one-half miles west of the boundary line between the state of Montana and the state of North Dakota. In August, 1916, he was the owner of cattle the accustomed range of which was to the south and east of his residence toward the Dakota line. Among them were five cows with the calves described in the information, which ranged on and near section 30 in fractional township 9, north of range 61 east, also in Fallon county. The watering place to which these cows with their calves usually resorted is a reservoir on North Cannonball Creek, in the northwest quarter of the last-named section, about two and one-half miles west of the state line. The defendants reside on a ranch in North Dakota, about two and one-half miles east of the state line. They were engaged in raising cattle and horses and in taking care of cattle for others for hire. On August 20 the calves in question were found by Sparks in the possession of the defendants on a ranch about a mile east of the village of Marmath, in North Dakota. This ranch lies about fifteen miles southeast from that of defendants and about eight miles on a direct line east of the state boundary line. At that time it was owned by one D. W. Doty, who re
That the animals in question belonged to the prosecuting witness and that he found them in the possession of the defendants
It is competent in this class of eases to establish the corpus
Each of the judgments and the order are therefore affirmed.
Affirmed.