Johns v. State

On the night of the 4th of February, 1862, the office of the treasurer of Jay county was broken open, and a large amount of money stolen therefrom. Johns, the *422appellant, together with three others, was indicted for the larceny. Upon trial, the appellant was convicted and sentenced to imprisonment in the penitentiary.

At the proper time, the appellant asked the following charge, which was applicable to the evidence, and was refused, viz.: “If the defendant did nothing more than, at a time previous to the commission of the crime charged in the indictment, to counsel with and encourage Barker…