STATE v. HIXSON


237 Or. 402 (1964)

391 P.2d 388

STATE OF OREGON v. HIXSON ET AL

Supreme Court of Oregon.

Affirmed April 15, 1964.

Petition for rehearing denied April 28, 1964.


Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause and filed a brief for appellants.

Sam McKeen, Deputy District Attorney, Klamath Falls, argued the cause for respondent. With him on the brief were Dale T. Crabtree, District Attorney, and J.R. Thomas, Deputy District Attorney, Klamath Falls.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL, DENECKE and LUSK, Justices.


AFFIRMED.

SLOAN, J.

Defendants were convicted of horse stealing and appeal. Defendants admitted that they took the animals. Their defense was that the horses were on the open range and that the custom of the country gave a color of right to the taking. Several assignments of error have been made.

1. During the course of the trial it appeared that defendant Chocktoot's wife had been a witness to the taking and to certain other material events. It also...

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