State v. Pacheco

On Rehearing

HENRIOD, Justice:

Pacheco was convicted of stealing a rifle. On appeal he says the court erred in giving an instruction on aiding and abetting. We agree and reverse for that reason. It was conceded that there was no evidence of aiding and abetting, but the state says the instruction was not prejudicial. It seems almost axiomatic that instructions, must bear a relationship to evidence reflected in the record, and we cannot enjoy the luxury of sustaining a conviction on trite aphorism unsupported by any kind of evidence.

To convict one of larceny by aiding and abetting, under Title…