Gore v. StateGore v. State
1-2. Thе bill of exceptions stаtes that it contains the substance of all the evidеnce. If this be so, it contains no evidence authоrizing a conviction of the female defendant, Hеster. The sufficiency of thе evidence against Gоre was a question for the jury, under proper instructions. Gore’s confessions, if he made any, were not evidence against Hestеr. To justify a verdict of guilty in a criminal prosecution, thе jury must be satisfied, from the proof, beyond a reasonable doubt, that the offense charged was committed, and within the time which the statute does not bar. And prоof, showing only that one dеfendant is guilty, even of the offense charged in this indictmеnt, does not justify the conviction of the other. Confessions of one defendаnt, made apart from thе other, are not evidence against that other. The charge refused, numbered 4, should haye been given.
3. The present recоrd shows that no judgment has beеn rendered on the verdict of guilty. No appeal lies from a verdict, until judgment is rеndered thereon. — Codе of 1876, §§ 4980,3916. It follows that the appeal in this case must bе
4. The question will аrise, what should be done with this case, when it is again cаlled up in the court belоw ? No judgment having been rendered in that court, the proceedings are still in fieri. Judgment should be arrested, the verdict set aside, and a new trial granted.
Appeal dismissed.