State v. Roberts

The defendant was convicted of the crime of burglary, and upon sentence therefor appeals, urging a single assignment of error. This error is said to lurk in the following instruction given to the jury:

“Some evidence has been offered in this case of the flight of the defendants immediately or soon after the act alleged as the crime with which the defendants are here charged. If you find from all the evidence beyond a reasonable doubt that the act alleged as the crime with which the defendants are here charged was in fact committed by the defendants, and you further find that immediately, or…