State v. Lesh

The defendants, Lesh and Klarich, were jointly charged in the superior court for Kittitas county with the offense of being jointists; that is, with opening up, conducting and maintaining a place for the unlawful sale of intoxicating liquor in that county; their prosecution being under § 7328, Rem. Comp. Stat. [P. C. §. 3179h], They were jointly tried and by a jury both found guilty, upon which judgments were rendered sentencing them to the penitentiary, from which they have appealed to this court.

The trial court gave to the jury, among other instructions, the following:

“I further instruct you…