Oxier v. United States
Court Of Appeals Of Indian Territory
Appeal from the United" States Court for the Southern District of the Indian Territory. C. B. Kilgore, Judge. Action against George Oxier and Ewalt Boone. From a conviction of larceny, they appeal. The opinion states the facts.
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Appeal from the United" States Court for the Southern District of the Indian Territory. C. B. Kilgore, Judge. Action against George Oxier and Ewalt Boone. From a conviction of larceny, they appeal. The opinion states the facts. An indictment, charging the theft of one steer from some person or persons to the Grand Jurors unknown, without any description of the steer, is fatally defective; for no person, handling 'cattle and innocent of a theft, could know or anticipate, from the charge in such an indictment, what particular steer the appellee would undertake to convict him of the theft of. An…
1Opinion of the CourtLewis, J.
The appellants, George Oxier and Ewalt Boone, were charged by indictment, containing two counts, with the offense of larceny. The first count charged the ;heft of one steer, the property of one Jo Brown. The second count charged the theft of a steer, the property of some person or persons to the grand jurors unknown. The attorney for the government elected to go to trial upon the second count. Objection is made to the sufficiency of this ¡ount, upon the ground that the description of. the animal stolen- should be more definite, when taken in connection vith the allegation that the owner of…
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