State v. Miller

The opinion of the court was delivered by

Porter, J.:

The appellant was charged with aiding and abetting another in 'the larceny of two gallons of whisky. From a judgment of conviction he appeals.

The errors assigned relate wholly to the instructions. The appellant claimed that at the time he assisted in taking the whisky he believed it belonged to James F. Ansiel, known as “Indian Jim.” He testified that the latter told him he w'as expecting a box of whisky that morning; that they first called at the Santa Fe depot *411to see if the package had arrived; that afterward “Indian Jim” told him that it…