State v. Mowser

The opinion of the court was delivered by

Kalisch, J.

The facts which give rise to the fundamental question raised in this case are these: Mowser, the plaintiff in error, with two companions, Herbert and McCracken, conspired together to rob one Richards. Mowser knew Richards; his confederates did not. On the night of the robbery Herbert and McCracken lay in wait for Richards near the latter’s home. Mowser came along and notified Herbert that Richards was coming np the street and then proceeded on his way. As Richards came by Herbert and McCracken followed him for a short distance, and then…