2023 New Mexico Statutes › Chapter 31 - Criminal Procedure › Article 7 - Indictments and Proof of Ownership for Offenses Concerning Domestic Animals › Section 31-7-1 - [Description of bovine animals; proof of brand; prima facie evidence of ownership.]

In the prosecution of any offense arising under the laws of this state in regard to the unlawful taking, handling, killing, driving or other unlawful disposition of animals of the bovine kind, the description "neat cattle" in any indictment shall be deemed sufficient, and the proof of the brand by a certified copy of the registration thereof in the brand book, under the seal of the cattle sanitary board [livestock board], certified to by the secretary of said board, shall be sufficient to identify all horses, mules, asses or neat cattle, and shall be prima facie proof that the person owning the recorded brand is the owner of the animal branded with such brand.
History:
Laws 1895, ch. 6, § 6; C.L. 1897, § 67; Code 1915, § 122; C.S. 1929, § 4-1408; 1941 Comp., § 42-704; 1953 Comp., § 41-7-4.
ANNOTATIONS
Cross references.
— For certified copy of brand fee,
see
77-2-7.4 NMSA 1978.
For recording of brands,
see
77-9-5 NMSA 1978.
Compiler's notes.
— Laws 1967, ch. 213, § 2, created the livestock board and transferred all the powers held by the cattle sanitary board to the livestock board, and Laws 1971, ch. 50, § 2 made the livestock board the sole board for the registration of brands and marks on horses, mules, asses, cattle and sheep.
See
77-2-7.2 NMSA 1978.
Purpose of section.
— This section merely sets up a procedure that may be followed by state in prosecution involving the unlawful disposition of bovines and was not intended to be available to defendant.
State v. Reed
, 1951-NMSC-021, 55 N.M. 231, 230 P.2d 966, cert. denied, 342 U.S. 932, 72 S. Ct. 374, 96 L. Ed. 694 (1952).
Use of statutory description "one neat cattle" is sufficient description
as commonly applied in the United States to describe a beast of the bovine genus.
Territory v. Christman
, 1899-NMSC-009, 9 N.M. 582, 58 P. 343.
Description "cow" sufficient.
— Description in indictment of stolen animal as a cow was sufficient to support conviction under section making it an offense to steal any neat cattle.
Wilburn v. Territory
, 1900-NMSC-028, 10 N.M. 402, 62 P. 968.
Certificate of record sufficient proof.
— Proof of brand by certificate of record, signed by secretary of cattle sanitary board, (now livestock board), is sufficient.
Territory v. Caldwell
, 1908-NMSC-027, 14 N.M. 535, 98 P. 167.
Recorded brand under this section is sufficient to identify animals
classed therein.
Barnett v. Wedgewood
, 1922-NMSC-068, 28 N.M. 312, 211 P. 601.
Title established by certificate of recorded brand.
— Where title to animals, the subject of larceny, is sought to be established by brand, a certificate of the recorded brand must be shown.
Territory v. Smith
, 1904-NMSC-017, 12 N.M. 229, 78 P. 42;
Hancock v. Beasley
, 1907-NMSC-026, 14 N.M. 239, 91 P. 735.
Introduction of certified copy of brand in evidence.
— It is only necessary to introduce a certified copy of recorded brand in evidence, where evidence of ownership depends upon brand on animal.
State v. Analla
, 1913-NMSC-073, 18 N.M. 294, 136 P. 600.
Brand alone not sufficient evidence of ownership.
— Proof that calf bore defendant's brand in prosecution for stealing and branding the animal did not constitute prima facie evidence that defendants owned the animal, under provisions of this section.
State v. Reed
, 1951-NMSC-021, 55 N.M. 231, 230 P.2d 966, cert. denied, 342 U.S. 932, 72 S. Ct. 374, 96 L. Ed. 694 (1952).
Prima facie proof of ownership.
— Recorded brand is prima facie proof that person owning recorded brand is owner of animal bearing such brand.
Barnett v. Wedgewood
, 1922-NMSC-068, 28 N.M. 312, 211 P. 601.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
4 Am. Jur. 2d Animals § 9; 41 Am. Jur. 2d Indictments and Informations § 149.
Stealing carcass as within statute making it larceny to steal cattle or livestock, 78 A.L.R.2d 1100.
3A C.J.S. Animals § 26; 42 C.J.S. Indictments and Informations § 108.