State v. Brown

Chadwick, J. —

This case is dependent upon the same state of facts as the case of State v. Williams, ante p. 286, 113 Pac, 780. It is first alleged that the court erred in admitting the testimony of the express messenger, who testified that he had no household goods or jewelry in his possession. This error is predicated upon the theory that the evidence should have shown clearly that the crime had been committed on Northern Pacific, train No. 258, as alleged in the information ; whereas the prosecuting witness did not identify the train as No. 258, and it was not shown that defendant ever…