[76 Ariz. 386] I. B. Tomlinson, Bisbee, for appellant.
Ross F. Jones, Atty. Gen., Irwin Cantor and William T. Birmingham, Assts. to the Atty. Gen., Wes Polley, County Atty., of Cochise County, Bisbee, and Lloyd C. Helm, Dep. County Atty., Douglas, for appellee.
Defendant (appellant) was charged with the theft of a calf and upon trial the jury returned a verdict of guilty, upon which the court sentenced the defendant to a term of imprisonment of not less than ten nor more than eleven years, from which judgment he has appealed to this court.
Testimony in the case showed that appellant was the owner of a small ranch situated in Cochise County, adjoining the property of the adjacent landowner and prosecuting witness, Andrew F. Hamilton. In April, 1952, Hamilton noticed that a cow and calf were missing from his herd. Later, the cow was found dead on the Hamilton property, and the calf in question was later found on the property of this appellant. Following this, Deputy Sheriff Pete Haverty of Cochise County made a trip with other officers to appellant's ranch and there found three cows and four calves. The three calves with their mothers were branded with the brand of appellant, but the fourth calf was without brand.
Appellant offers assignment of error number one, reading:
'The Court erred in, over objection of Defendant's counsel, admission of State's exhibit No. 1, and allowing it to go to the Jury as a substantive and independent piece of evidence. The correctness of said exhibit never by any means having been established.'
Assignment of error number two reads:
'The Court erred in, over the objections of Defendant's Counsel, admission of State's Exhibit No. 2, on the grounds:
'First, It is not the best evidence and sufficient foundation was not laid
for its admission as secondary evidence.
[76 Ariz. 387] 'Second, It is real evidence and not in its original state, being in a changed condition.
'Third, The rule of Standard of comparison could not be applied.'
The third assignment of error is a claim that the testimony adduced at the trial 'failed to prove any venue'. The other assignment submitted relates to the denial of a new trial for defendant.
Assignment of error number one goes to the admission in evidence of a plat showing a section of land, with the ownership thereof as to each 40-acre tract. If it were the purpose of the appellant to object to the plat to prove venue by showing the section, township, and range numbers, i. e., Section 25, Township 18 south, Range 28 east, Cochise County, we find from the testimony that it was wholly unnecessary. Andrew F. ...