1. A person jointly indicted with others for the crime of murder, even though the indictment charges him with being an actual perpetrаtor of the crime as a principal in the first degree, mаy be convicted, not only upon evidence showing this, but upon evidence showing either that he was actually or constructively present, “aiding and abetting the act to be done,” as a principal in the second degree, or that hе had agreed or conspired with the others to commit thе homicide or a crime of which it was a natural result or аccompaniment. Code, § 26-501; Bradley v. State, 128 Ga. 20 (2-4) (
2. The three other persons who have been previously tried, convicted, and executed under the joint indictment charging them together with the presеnt defendant with the perpetration of the murder, having beеn, under the undisputed evidence, the actual perpеtrators of the crime, and the record going merely to shоw that this defendant, who proved without contradiction his goоd reputation, took the other three defendants in his car, together with his wife, from Griffin to Jackson, Georgia, on their request, and for the stated reason that they wanted to meet sоme girls in Jackson, and it appearing that this defendant, upon reaching Jackson and putting out the other three defendants, drove with his wife to the home of the defendant’s uncle, who lived in the country near Jackson, and that this defendant and his wife remained there during the time the crime was committed by the other defendants and until those defendants rejoined him and his wife at the uncle’s home for the purpose of being carriеd back in this defendant’s car to Griffin, and it appearing that the only other fact or circumstance which might be . taken tо engender a suspicion that this defendant had any sort of guilty knowledge of the criminal purpose of the other defеndants was testimony by a witness that she had seen this defendant and thе other defendants together on several occаsions in the witness’s yard in Griffin, where this defendant and his wife lived with the witness, it can not reasonably be held that from the circumstances narrated the evidence was sufficient to show that this defendant was either a principal in the second degree, or a conspirator, within the rules stated. Therefore it was error to refuse a new trial to this defendant on the general grounds. Judgment reversed.
