Nickerson v. State

The defendant and Briggs Nickerson were jointly indicted on a charge of having feloniously taken and carried away two bales of cotton of the value of $350. The evidence without conflict tends to prove that Briggs was the principal, and, if guilty at all, this defendant was an accomplice.

The material ingredients of the offense of larceny included the felonious taking which involves the intent to steal. That being the case, if this defendant aided in the taking of the cotton under the honest belief that the cotton belonged to Briggs, or that the cotton belonged to Briggs’ mother and that he…