Olivas

Appeal by defendant from a judgment of conviction and from an order denying a new trial.

The information filed charged defendant and one Gallego jointly with the crime of burglary. Defendant Olivas demanded a separate trial, upon which trial evidence was offered tending to show that both of said defendants were implicated in the criminal act, although some of the' evidence offered tended to show that defendant Olivas was the most active participant therein.

The only error assigned relates to the action of the trial judge in refusing the following instruction: “I instruct you the defendant, Charles Olivas, is the only person on trial before you for this alleged offense, and that if you find from a consideration of all the evidence that it points as clearly to some other person, as the person who committed the crime in question, as it does to the defendant, or if, after a fair and full consideration of all the evidence, the jury entertain a reasonable doubt as to whether the said Charles Olivas or some other person was the guilty party, then it is your duty to acquit the defendant.” There was no error in the refusal of the court to give this instruction. The circumstances of the…