Joseph v. State

The plaintiff in error was indicted by a Douglas county grand jury with seventy other defendants charging them with a conspiracy to commit a felony (Comp. St. 1929, sec. 28-301) in violation of section 28-1217, Comp. St. 1929, by making false statements of the value of certificates of stock. The plaintiff in error, hereinafter for convenience called defendant, was convicted upon a separate trial continuing from January 9 to January 24, 1934.

The trial court refused to give an instruction requested by the defendant as follows: “If you believe from the evidence that any witness who testified in…