Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1900-11-16
SUPREME COURT DECISION.

SUPREME COURT DECISION.
In the Supreme Court of the State OF
Nevada. (No. 1880
The State of Nevada.
Appeal from the District Court Of the
State of Nevada, in and for Hum
boldt County. Hon. S. J. Bon
nifield, ST., Judge.
w. ID. Jones. Attorney General,
Z. ID. Van Duzer, District Attorney,
J. T. Boyd,
For Respondent
H. Warren, J.F Dennis,
b. l.. Heod, $. Truman,
For Appellant.
OPINION
By Bennifeld, c. J.
The defendant was convicted .. tue
crime Of grand larceny in the Filth Jul
dicial District Court, in and for Hum
boldt County, and was sentenced to the
State Prison for the term of seven years.
He appeals from the judgment and the
order of the court denying his motion
for new trial. The respondent moves for
= dismissal of the appeal on several
grounds, one Of which is that the cer,iti
cate of the clerk attached to what pur-
ports to be the record is insufficient.
The appellant asks leave TO have the rec
ord properly certified. AS the eel titicate
can be amended under rule I of the Su-
preme Court the motion TO dismiss is dc
MED. The other grounds Of the motion
to dismiss need not be noted here.
The papers that constitute the record in
a criminal case under sections AIS, Has,
Compiled Laws, were attached together
and filed with the clerk Of this court.
We will regard them as though they
were properly certified as there is no in
timation that they are not what they pu, |.
port to be. We again call attention TO
An Act regulating appeals to the ST.
PIeMc NOutt. W. StC. oCO-1 anu W Inc
several decisions of this court as to the
proper authorization of the record on
appeal. Holmes V. Iowa Mg. Co. o New
%; Stfeeter V. Johnson. % New. 1874; Peers
v. Reed, % New. 4O4; Becker v. Becker
"a New. 476.
1t is the duty of the appellant in all
appeals to furnish this court with a rec
Nhnm of
tention is paid to the above statute mo,
tions to dismiss appeals on the ground OF
detective certificates and motions fol
leave to withdraw the records for the
purpose OF having them properly certi
fed will not be of such frequent occur
renee as heretofore, and delay and un
necessary expense with respect thereto
will he avoided.
Indictment. The Indictment charge
that the defendant on the LIST day of July
A. ID. 1899. or thereabouts, at the Count
of Humboldt. State of Nevada did felon
ioEsly steal, take and drive away on
steer of the personal property Of Howar
Mckissick and Jacob Mckissick. Their
is evidence tending TO show that sal
neat foot cattle of the personal propsrt
of Howard Mckissick andi Jacob Mckis
sick were stolen in Lassen County, Stat
OF California. and driven to the Law
beds: in Humboldt County, State of NJ
vala: that said steer and said other catt
were plainly marked and branded Wit
the lawful marks and brands of sal
Howard Jannh NaI< jSSifiy II, %
Lassen county: that at said Lava beds
the defendant claimed to be the owner
all of said cattle, and claimed that |
brought them from California: that Il
defendant at said Lava beds markt
and branded all of said cattle with mari
and brands he claimed TO he his own. al
in such manner as to obI.terate the e
marks and partially to obliterate the sd
brands of Mckissick Oh said cattle; th
at said lava beds the defendant ailer L
said marking and branding of sad cat,
tried and offered to sell all CT said cat,
to +. 4. Preston: that defendant subs
quenly drove the fiji gone head Of sa
cattle belonging 10 said Howard al
Jacob Mckissick, including said ste
from said lava beds. a distance of tit
miles to point in said Humboldt Cou
ty five miles east of LONeloch. and the
sold Ill of said cattle including said ste
to j. Il. Thei. for fourteen dollars y
head and delivered all of them 10 sd
Theis at his ranch in said Iumbol
County; that defendant at the time he
SOLD said lie 10 Theis claimed that
had raised said cat.le on Willow Creek
said Humboldt county: that upon t
said delivery of said cat lie to Theis t
defendant received sad sum Of fourte
dollars per head and soon after left t