State v. Shepherd

The opinion of the court was delivered by

Pollock, J.:

Appellants were arrested and tried on the charge of grand larceny in the stealing of a saddle, convicted of petit larceny, and now appeal to this court. The sole claim of error relied on for reversal by appellants arises on the instructions of the court to the jury and the refusal to charge as requested by defendants.

It is contended by counsel for appellants that the taking of the saddle stands admitted in the record. The defense relied on is that it was taken in jest, for a temporary purpose, with the design of returning it to the owner,…