State v. McKenzie

THREET, Justice.

The appellant, Homer McKenzie, was convicted in the District Court of Quay County of the larceny of a calf, and was sentenced to serve a term in the State Penitentiary for not less than two nor more than five years, and that he pay the costs of his prosecution. Upon an appeal to this Court he assigns error as follows:

First, there is no substantial evidence to support the verdict of the jury.

Second, the trial court’s denial of appellant’s motion for a new trial was an abuse of discretion.

The information in its charging portion is as follows: That Homer McKenzie stole one calf…