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Ellis v. State

Court of Criminal Appeals of Oklahoma
643 P.2d 330 (Okla. Crim. App. 1982)


The defendant was charged with stealing a calf from Richard Owens. When the calf was found, the Sheriff let the calf loose in Owens’s pasture and after attempting to suckle numerous cows in the pasture and being denied, a cow came running towards the calf crying and immediately licked the calf and permitted it to nurse. The prosecution brought expert testimony of cattlemen that stated that this practice by the cow constituted “the accepted test for determining maternal lineage.” However, the defendant claimed that he had bought the calf in question and Leon Owens testified that he had sold a similar calf to the defendant. The Kiowa County District Court convicted the defendant and he appealed on the ground that the evidence was insufficient to sustain the verdict.

Rule of Law


Holding and Reasoning (Bussey, J.)

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