State v. Smith

(Pro Tempore).

The appellants were jointly indicted, tried together and convicted of larceny of a calf. ORS 164.380. The defendants’ consolidated appeals are from the conviction, and they assign as errors the trial court’s allowing in evidence statements made by one of the defendants to a deputy district attorney after arrest, its denial of their motions for dismissal, and its failure to give one of their requested instructions.

Both of the defendants had been injured by the alleged owner of the calf, Mr. Mills, when he and his son apprehended defendants in possession of the freshly killed calf…