State v. Peterson

•WADE, Justice.

I concur with Chief Justice Larson’s opinion as far as it goes but in two respects I think it should have gone farther.

¶ think the evidence was insufficient to show a felonious intent and therefore the court should have directed a verdict of “Not Guilty.” When Baxter removed the cattle from defendant’s field, defendant went to him and claimed this heifer. This indicates that the claim was made in good faith. Had he known that it was not his heifer and took it with the intention of stealing it, he would not have called' it to Baxter’s attention that he was taking it but would…