This section contains the nature of the case and procedural background.

Nicholls (D) shipped himself in a trunk on a railroad freight car in order to rob the express agent of $50,000. Upon discovery, D admitted that he wanted to rob the agent and that he would have killed if necessary. D was carrying a gun, a Billy club, a razor, a knife, a rope, and a bottle of chloroform. D was convicted of burglary and appealed.

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