State v. Marmon

(on reassignment) .

The defendants were charged with commission of the crime of grand larceny of livestock under the provisions of Section 12-40-03(3), North Dakota Century Code, and were found guilty by a jury. They appealed from the judgment of conviction.

A review of the facts reveals that the defendants, Marmon and Ruckle, together with one Harry Eustis, who also was charged with the crime of grand larceny but not tried with the defendants herein, had gone out at night and had shot a young beef belonging to one Lee Addicott, a neighbor of the defendant Marmon. The defendants allege that…