State v. Link

The opinion of the court was delivered by

Burch, J.:

The defendant was charged with assaulting H. F. Crafton with intent to rob and was convicted and sentenced accordingly. He appeals and assigns error in the giving and refusing of instructions.

The evidence disclosed that Crafton was assaulted by the defendant and a man named Gilliland with the intention alleged. Instructions were asked and refused making it necessary to a conviction that the jury should find that a common purpose to rob existed in the minds of the two assailants, and that the defendant knew of the purpose entertained by…