HENRIOD, Justice:
Pacheco was convicted of grand larceny of a rifle. On appeal he assigns one error — an instruction on aiding and abetting, — with which he was not charged. The State conceded that there was no evidence of the latter but says the instruction was not prejudicial. We simply say "why not?" since such an instruction has quite a different hue and complexion from behind prison walls than it might have elsewhere. This man is entitled to a new...
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