State v. Howard

This is the second appeal in this case. Defendant Howard and one Meldrum were jointly charged by an information filed by the district attorney with the crime of larceny, by stealing an animal belonging to R. R. Palmer and H. E. Denham. Howard was tried first, and convicted', but upon appeal the judgment was reversed, and a new trial ordered: State v. Howard, 41 Or. 49 (69 Pac. 50). Meldrum was thereafter tried, convicted, and the judgment affirmed: State v. Meldrum, 41 Or. 380 (70 Pac. 526). Howard was retried, convicted, and again appeals.

The questions arising on the instructions, and…