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Cahill v. People

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eBook details

  • Title: Cahill v. People
  • Author : Colorado Supreme Court
  • Release Date : January 15, 1943
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

PLAINTIFF in error, to whom we hereinafter refer as defendant, was found guilty by a jury in the district court of Teller county, of the larceny of fourteen head of neat cattle of the personal property of one Sumner Osborne, in violation of section 93, chapter 48, 35 C.S.A., and he is here seeking a reversal of the judgment of conviction which followed such verdict. The evidence of the people, which in the particulars hereinafter set out is uncontroverted, disclosed that on the morning of October 23, 1941, defendant and his brother John Cahill went to what is referred to in the evidence as the Sumner Osborne ranch, situate in Teller county, and drove fourteen head of cattle which were grazing thereon to a small pasture near defendants ranch in the neighborhood of Divide. There was no evidence that the Cahills had or claimed any ownership in, or right of possession to, such livestock. Eleven of these cattle were branded with a backward P inverted U brand and the remaining three with a K Bar backward C brand. Previous to 1937 the first brand was duly recorded in the name of Earl Osborne -- deceased in 1940 -- a brother of Sumner Osborne; by reason, however, of default in the payment of the brand assessment in 1937 (? 17, c. 160, 35 C.S.A.), such brand was dropped from the records but never was recorded as belonging to any other person. The K. Bar backward C brand was recorded as that of Fannie Osborne, the mother of Sumner Osborne.


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