120 Ga. 294 | Ga. | 1904
Andy Morgan and Henry Gaddy were placed upon trial under an indictment charging them with the offense of murder. The indictment contained two counts. The first count charged Andy Morgan with the offense of murder in killing Ben Stroup. The second count charged Andy Morgan with being the actor or-absolute perpetrator of the crime, and Henry Gaddy with being present, aiding and abetting Andy Morgan in its commission. The jury returned a general verdict of guilty against both of the accused. Their motion for a new trial was overruled, and they excepted.
Judgment reversed as to Gaddy, and affirmed as to Morgan by operation of law.