State v. Cason

Citations

• 23 N.M. 77
• 167 P. 283

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. The corpus delicti in larceny is constituted of two elements, that the property was lost by the owner, and that it was lost by a felonious taking. P. 78</p> <p>2. In a trial for the larceny of neat cattle, evidence that tended to establish the identity of the cattle, their ownership in the person from whom their taking is charged to be larcenous by the indictment, and the possession of the cattle by the defendant is enough to make out a prima facie case of guilt and establish the corpus delicti. P. 79</p> <p>3. An instruction that proof of a duly recorded brand is prima facie evidence that the person named in the certificate was the owner of said brand prior to the date of the recording of the same is not erroneous. P. 81</p> <p>4. Where ther'e is substantial evidence to support the verdict of the jury, it will not be disturbed on appeal. P. 82</p>