State v. Hayes

Hayes (defendant) proposed to Hill that they burglarize a general store together, but Hill, a relative of the store's owners, only feigned agreement to get Hayes arrested. On the planned night, Hayes helped Hill climb through a window, and Hill handed Hayes a side of bacon from inside. The trial judge instructed the jury that Hayes could be guilty of burglary even if Hill, who actually entered the building, had no felonious intent at all. Hayes was convicted of burglary and larceny and appealed.