A common example of this is where two men are
caught at the same time bearing away between them the spoil of
their crime and are jointly indicted for "criminally receiving
stolen property." Both, probably, are "side partners,"
equally guilty, and have burglarized some house or store in
each other's company. They maybe old pals and often have
served time together. They agree to demand separate trials,
and that whoever is convicted first shall assume the entire
responsibility. Accordingly, A. is tried and, in spite of his
asseveration that he is innocent and that the "stuff" was
given him by a strange man, who paid him a dollar to transport
it to a certain place, is properly convicted.* The bargain
holds. B.'s case is moved for trial and he claims never to
have seen A. in his life before the night in question, and
that he volunteered to help the latter carry a bundle which
seemed to be too heavy for him. He calls A., who testifies
that this is so--that B., whom he did not know from Adam,
tendered his services and that he availed himself of the
offer.
Pages:
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260