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

Hayes (D) proposed to Hill that Hill join him in the burglary of a general store. Hill was a relative of the owner and feigned acquiescence in the scheme in order to arrest D. On that night, D raised the window and assisted Hill in climbing through the window. Hill then handed out a slab of bacon and D was arrested. At trial, the trial court issued instructions that D would be guilty of the burglary if he, with felonious intent, assisted and aided Hill to enter the building notwithstanding the fact that Hill may have had such an intent. D was convicted and appealed.

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