Flanagan v. State

The defendants, Ferl Flanagan and James Burruss, were jointly charged with cattle stealing in the district court for Furnas county, Nebraska. To this charge both entered pleas of “not guilty.” A trial of the issues by a jury resulted in a verdict of “guilty as charged.” Both defendants were then sentenced to be confined in the state *532penitentiary for a term of four years. From this conviction and sentence, each now presents a separate appeal.

The first error assigned in their behalf is that the district court erred in the giving of instruction No. 10 of the instructions given by that court on…