West Virginia Supreme Court May 4, 1909 (State v. Verto)

Brannon, Judge:

In the circuit court of Marion county Mike Yerto, Paul Oli-verio and Sam Bruzzino were indicted for rape upon Zana Mike. Oliverio escaped, and Yerto and Bruzzino were convicted by a jury and sentenced to the penitentiary for twelve years.

On the trial the court refused the defendants’ instruction No.