Riley (D) was allowed to put 29 black-faced lambs in a field with Clarke's 9 white-faced lambs for a penny a lamb. In the morning, D's lambs were gone, and one lamb belonging to Clarke was missing. D had taken the lambs to Calvert. D agreed to sell the 29 lambs, but Calvert counted 30 and pointed out that one of them was white-faced. D sold all 30 lambs to Calvert. D was convicted of larceny and appealed.