Preston v. State

Taylor, C. J.:

The plaintiff in error and one Ed. Sellers were jointly tried at the March term, 1899, of the Criminal Court of Record for Duval county upon an information charging them jointly with wilful trespass upon the land of another. The trial resulted in the acquittal of Sellers and the conviction of the plaintiff in error, and from the *628sentence imposed he brings his case here by writ of error.

At the trial the defendant’s counsel requested the judge to give the following instruction to the jury: “If you believe from the evidence that defendant was ever agent for Sophia Simmons, and said…