Washington v. Tully

MAIN, J. -- John Tully was charged by information with the crime of stealing an automobile. In the same information, Owen Tully was charged as an aider and abettor. Both pleaded not guilty, and, when the case was called for trial, John Tully entered a plea of guilty. Thereupon, the case was continued as to Owen, and an amended information was filed, which contained four counts. In the first, the defendant was charged with the theft of an automobile; in the second, with riding in an automobile with knowledge that the same had been stolen; in the third, with having in his possession a firearm, "to-wit: a revolver pistol," which possession was alleged to be unlawful because the defendant had previously been convicted of "a crime of violence"; and in the fourth, with unlawfully having upon his person a pistol when he was not in "his fixed place of abode or fixed place of business." To each of these counts, the defendant pleaded not guilty. At the conclusion of the states evidence, the court dismissed count I, which contained the theft charge. As to the other three, the defendant was found guilty by the jury, and, from the judgment and sentence, appealed.