People v. MacKey

Defendants, who are brothers, were informed against together and were tried together for the larceny of fourteen calves from the ranch of one Forsberg. Defendant James Mackey was acquitted of the charge, but defendant Albert Mackey was found guilty. The latter appeals from the judgment of conviction and from an order denying his motion for a new trial.

The stolen calves were in the possession of defendants at the time of their arrest and at the trial appellant testified to a state of facts which, if the jury had believed him, would have amounted to a sufficient explanation of defendants’…