Mr. Justice PARKER delivered the opinion of the court.
William Murdock and his wife Jean were charged in three counts with: the taking (under a theft of animals statute) of 67 ewes and 63 lambs belonging to Ben Iturrian, grand larceny of the said ewes and lambs, and altering and defacing the brands of 24 of the ewes and 22 of the lambs. The wife moved for a separate trial, and when the motion was granted, the case proceeded against Murdock. Prior to the submission...
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