State v. Davis

Appellant on a charge of grand larceny, was convicted of the theft of a Jersey cow belonging to Mr. and Mrs. Frank J. Miller, taken May 26th, 1935, from Crescent Drive, which is a road approximately on the rim of the first bench southwest of Boise, and found approximately a month later in the pasture of one Schrecongost about 8 miles from Emmett.

The facts of the case will appear more in detail in connection with appellant’s assignments of error considered seriatim.

The first assignment of error challenges the correctness of instruction No. 21 which was as follows:

“If you believe from the…