Territory v. Achuck

OPINION OF THE COURT BY

PERRY, C. J.

Tlie present appellant, together with one David L. Desha, and six others, were jointly indicted for the crime of conspiracy. The appellant and Desha were tried separately from the six others. Desha was acquitted and the appellant was convicted, the verdict reading: “We, the jury * * * find James Achuck guilty in the third count only and recommend extreme leniency.” Subsequently a nolle prosequi was entered as to the six others and they were discharged. The appellant by writ of error assigns a number of alleged errors.

A demurrer to the third count of the…