State v. Pinagglia

The accused was charged with the crime of theft from the person. Error is assigned in charging the jury as follows: “Now, I think, gentlemen, in view of the evidence in this case you will have no difficulty in finding that this offense, that is, theft from the person of the complaining witness Pope, did occur at the time and place in question. The important question for you to determine aside from that if you find, as you undoubtedly will from the evidence, that such a theft occurred, is whether these accused or either of them was concerned in that act of theft, and whether that fact, if it…