State v. Hull

The defendants, Hull and Wheeler, were jointly indicted, but separately tried and convicted of the crime of larceny. Each appealed, and‘their respective appeals were heard and tried together in this court as one case, and will be so considered. The important question presented is whether the trial court erred in refusing to direct an acquittal, on the ground that the properly alleged to have been stolen was taken with the consent and co-operation and assistance of the owner, through an agent employed for that purpose.

The facts, as they appear from the record, are that on September 7, 1897,…