Breaz v. State

—Appellant and three others were charged by affidavit with the crime of robbery. The codefendants entered pleas of guilty but the appellant was tried by the court.

The affidavit charged the defendants, including the appellant, with the robbery of Dimitar Silaghi on or about April 26, 1937. Although he was named as a principal, it was the theory of the prosecution that the appellant was .an accessory before the fact under §9-102 Burns’ Ann.. St. 1933 ' .(.§2243. Baldwin’s 1934), which provides: “Every person who shall aid or abet in the commission of a felony, or who shall counsel, encourage,…