Blakely v. State

Howard Blakely was convicted by the verdict of a jury in the district court of Big Horn County of the larceny of two calves. The case is before us for review on his appeal.

There was undisputed evidence at the trial that 20 to 30 head of the complainant’s cattle broke into Blakely’s hayfield; and that Blakely penned up two calves from the offending herd and drove the rest of complainant’s cattle out. Blakely’s defense against the charge of larceny was that he held the calves for the damages done by all of complainant’s cattle.

It is true defendant at first denied to the owner that he knew where…