Merino v. State

These appellants were jointly charged by information with Genoveno Lujan with the crime of grand larceny.

*133The evidence is practically the same as in the Lujan case, just decided. The instruction complained of, if possible, is more inviting to criticism than the one in the Lujan case (ante, p. 123, 141 Pac. 706). It is:

“The intent with which the defendants committed the crime complained of must be determined by you from all the evidence in the case.”

Here the jury are told that the defendants committed the act, and that it was a crime.

We cannot refrain from saying that it seems to us that errors…