BLAKELY v. STATE

No. 3834.

474 P.2d 127 (1970)

Howard BLAKELY, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below).

Supreme Court of Wyoming.

September 9, 1970.


Attorney(s) appearing for the Case

Christian S. Hinckley, McKinney, Hinckley & Hinckley, Basin, for appellant.

James E. Barrett, Atty. Gen., and Richard A. Stacy, Asst. Atty. Gen., Cheyenne, for appellee.

Before GRAY, C.J., and McINTYRE, PARKER, and McEWAN, JJ.


Mr. Justice McINTYRE delivered the opinion of the court.

Howard Blakely was convicted by the verdict of a jury in the district court of Big Horn County of the larceny of two calves. The case is before us for review on his appeal.

There was undisputed evidence at the trial that 20 to 30 head of the complainant's cattle broke into Blakely's hayfield; and that Blakely penned up two calves from the offending herd and drove the rest of complainant's cattle out...

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