Millslagle v. State

Frank Millslagle, referred to herein as the defendant, brings error from a conviction for cattle stealing.

His first contention is that the information is defective, in charging him as an accessory instead of as a principal. *666Section 28-201, Comp. St. 1929, provides that, “Whoever aids, abets or procures another to commit any offense may be prosecuted and punished as if he were the principal offender.” He argues that, in view of this provision, the information fails to charge a' crime in alleging that he aided and abetted another to commit the theft.

It is unnecessary for us to pass upon this…