State v. Poynier

The opinion of the Court was delivered by

MANNING-, J.

Poynier with four others was prosecuted for larceny of thirty two bales of cotton, the property of the Texas and Pacific Railway, and upon conviction was sentenced to four years’ imprisonment at hard labor. He alone is before us on this appeal.

By request of the prisoner’s counsel the judge charged that “persons not sufficiently near to give assistance are not principals. That they' were sufficiently near must be proven by tlie State beyond a reasonable doubt. If a man be at such distance from the place where the offence was committed that…