CRM/LAW C144 Chapter Notes - Chapter STATE V HAYES: Bacon, Larceny
Document Summary
The relationship between the liability of the parties. Underlying facts, the actual crime that took place. The defendant appeals from a sentence of five years" imprisonment in the penitentiary for burglary and larceny: defendant proposed to hill that he join him in the burglary of a general store. Defendant raised the window and assisted hill in climbing through the building. Hill handed out a side of bacon. The judgment is reversed, and the cause remanded for new trial. We may assume, then, for the sake of the argument, that hill committed no crime in entering the wareroom. The act of hill, however, was by the instruction of the court imputed to defendant. This act, according to the theory of the instructions, so far as hill was concerned, was not a criminal act, but when it was imputed to defendant it became criminal because of the latter"s felonious intent.