Wertz v. People

After trial to the jury, the defendant in the lower court, Robert Joseph Wertz, was convicted of the crimes of burglary, conspiracy to commit burglary, larceny and conspiracy to commit larceny. Writ of error ensued.

The first assignment of error relates to the failure of the trial court to give defendant’s tendered instruction No. 1 “A,” which instruction was tendered as a statement of the defendant’s theory of the case and read as follows:

“You are hereby instructed that the defendant contends that he was at the home of Abe Neiman for the purpose of obtaining a job for several of his friends…