128 Iowa 518 | Iowa | 1905
The objection made to this paragraph we are disposed to think is well taken. While we are very confident that the trial court did not mean to be understood ns saying that mere knowledge by one of the defendants that the crime was in contemplation by the party or parties who actually stole the property would, constitute an aiding or abetting of the crime within the meaning of the law, we feel equally certain that the use of the words we have italicized, in the manner and connection in which they are there employed,' w.ás well calculated to leave that wrong impression upon the mind of the
Concerning the language here quoted, and to which exception is taken, we may say that the court adopted a form of expression, which, though inaccurate, has been so often made use'of by both trial and appellate courts that we should be disinclined to reverse on that ground alone; but, in view of the fact that upon the whole record a new trial must be ordered, we take the opportunity to again call attention to
For the reasons hereinbefore stated, the judgment appealed from is reversed, and the cause remanded to the district court for a new trial.— Reversed.