State v. Moxley
Oregon Supreme Court
Statement by Mr. Justice McBride. Defendant, J. A. Moxley, was indicted jointly with one J. H. Howard by the grand jury of Wallowa County, for the crime of larceny of a gelding, and upon the trial was convicted and sentenced in imprisonment in the pentientiary, from which judgment he appeals.
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Statement by Mr. Justice McBride. Defendant, J. A. Moxley, was indicted jointly with one J. H. Howard by the grand jury of Wallowa County, for the crime of larceny of a gelding, and upon the trial was convicted and sentenced in imprisonment in the pentientiary, from which judgment he appeals. On the trial Iven Stevens testified: That he had been employed for about two years by Samuel Wade, president of the Wallowa Stock Protective Association, to detect and bring to punishment persons engaged in stealing stock. That he went to defendant's place about June 20, 1908, and went to work for him…
1Opinion of the CourtJustice McBride
1. The only witnesses as to Stevens’ connection with regard to the horse in controversy, are Stevens himself and Howard. Both of these witnesses agree that the horse had been taken from the range and turned into Moxley’s pasture before any arrangement or talk was had with Stevens about gathering up the herd that was subsequently taken to Washington. There was no testimony that Stevens had anything to do with the taking of the horse in question, and, this being the case, his subsequent purchase of the animal would not make him an accomplice, even if he had knowledge of the previous theft.…
2Cases cited2 opinions
- Springer v. StateSupreme Court of Georgia · 1897
- Harris v. StateTennessee Supreme Court · 1881
3Cited by7 opinions
- State v. CoffeyOregon Supreme Court · 1937
- State v. DugganOregon Supreme Court · 1958
- State v. WinslowCourt of Appeals of Oregon · 1970
- Murphy v. StateSupreme Court of Arkansas · 1917
- Daniels v. StateAlaska Supreme Court · 1963
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