State v. Johnson

The defendant was tried in the circuit court of Brown county on an information charging him with grand larceny of hogs. The jury found him guilty and the court imposed a sentence of twenty years imprisonment. Motion for a new trial was denied and defendant appealed. The judgment was affirmed in this court. 14 N. W.2d 420. Defendant filed a petition for rehearing, which was granted.

In the petition for rehearing the appellant asks the court to reconsider his assignment of error which is based on instruction number 10 relative' to an alibi as a defense. The appellant claims that this instruction…