People v. Marshall

The defendant was indicted, and convicted of grand larceny. The offence consisted in taking several head of stock from the possession of one Buchanan, which had been sold to him by Alexander Marshall, a brother of the defendant. The defendant justified the taking, on the ground that he was the owner of the cattle) or, if not the absolute owner, that he, together with his three brothers, were the owners thereof in common, and that the sale by Alexander did not divest the interest of the other joint-owners. The testimony is very conflicting, and the brothers having taken sides in this unnatural…