State v. Bergland
State v. Bergland
Opinion of the Court
Upon an information duly filed’by the state’s attorney of Lyman county, charging the plaintiff in error with the commission of the crime of grand larceny, by stealing one steer, the property of Charles S. Jewell, he was convicted, and sentenced to the state penitentiary for a period of three years. A motion for a new trial having been made and denied, the case comes before this court for review on a writ of error.
On the trial the state introduced evidence tending to prove that the hide of an animal having on it the brand of the prosecuting witness was found concealed or buried in the stable of the plaintiff in error, and that in his house parts of quarters of beef were also found, and that the prosecuting witness had lost certain animals branded with his brand. There was no direct evidence connecting the plaintiff in error with the larceny of the steer described, the evidence being such as is known in law as “circumstantial.” A number of errors are assigned, but, in the view we take of the case, it will only be necessary to consider the fourth, fifth and sixth, which are, in substance, that the court erred in overruling the defendant’s objection to the questions asked the witness Jewell as to a conversation he had with the defendant with reference to the steer alleged to have been stolen, and also in overruling defendant’s objection to the question asked the same witness as to whether or not he had been informed from any source that the defendant had been butchering some of his cattle. The witness, Jewell, after describing his stock, brand,
The witness was asked on the redirect examination the following question: “At the time you asked the defendant how he liked onr beef, had you been informed from any source that he had b’ccn butchering, some of your cattle?” The question was objected to and the objection overruled, and he answered: “Nobody had ever told me right out. I had heard that he had been doing some butchering.” This question asked the witness was clearly improper, and the objection to it should have been sustained. By the question the state’s attorney seemed to assume that the defendant had been butchering cattle owned by the witness, and.simply asked if he had been informed of that fact. The answer was objectionable, and was clearly prejudicial to the defendant. What the witness had heard as to the defendant doing some butchering should not have been admitted as evidence in the case.
These views lead to the reversal of the judgment of the court below, and the same is reversed, and a new trial granted.
Reference
- Status
- Published
- Syllabus
- 1. On a trial for larceny of a steer, evidence that tlie owner, several months after the larceny, asked defendant how he liked “my beef,” , and he answered that it was good, is inadmissible, in the absence of evidence that he knew what was referred to or that he was suspected. 2. The evidence on a trial for larceny of a steer being circumstantial, error in allowing the owner to testify that he asked defendant how he liked' / his beef, and he answered that it was good, cannot be held harmless. 3. Question asked the owner of cattle on a trial for larceny of a steer, if, when he asked defendant a question, he had been informed that he had been butchering “your” cattle; is improper, as assuming that defend- and had been butchering Witness’ cattle. 4. Testimony that witness had heard defendant had been doing some butchering is inadmissible on a trial for larceny of a steer.