State v. Fenske

The opinion of the court was delivered by

Wedell, J.:

This was an action in which the defendants, Henry Fenske and John Boyd, were charged with felonies in two counts. The first count charged burglary and the second count grand larceny of a female coon dog. The action against Fenske is still pending. Boyd was acquitted on the first count and convicted of petit larceny on the second count, and from that conviction he appeals.

Appellant first contends his demurrer to the state’s evidence should have been sustained. In support of this complaint he urges that since the dog was not listed and valued…