Forbes v. State

In a prosecution by the state in the district court for Hamilton county, Harry Forbes, John Evans, and Charles Taylor were convicted of burglary with explosives. The charge was that they blew open and robbed a safe in the Citizens Bank of Giltner. Each was sentenced to serve a term of 28 years in the penitentiary. As plaintiffs in error, defendants Forbes and Evans now present for review the record of their conviction.

In the first assignment of error the correctness of an instruction submitting to the jury two forms for a verdict is challenged. In the motion for a new trial the court below…