State v. Smith

— According to the indictment, the appellant; Lester Smith, was accused of “willfully, unlawfully, and feloniously” taking, stealing, and carrying away from their coop certain domestic fowls. This offense was said to have been committed on the 13th day of May; 1926. When thus charged, the-appellant pleaded “not guilty.” But at the trial, he was convicted, and now seeks- reversal because of errors committed by the district court. Two of those complaints will be considered.

I. It is claimed that the trial court erred in its instructions relating to the effect of the appellant’s having in his…