133 Ala. 139 | Ala. | 1901
The defendant and one Tom Murphy were jointly indicted at a special term of the circuit court- of Elmore county for the. murder of Robert White alias Robin White, by hanging him by the neck with a rope. The defendant Murphy was not arrested, and on motion of the solicitor a severance was ordered by the court, and the defendant Thomas was tried alone. The bill of exceptions recites as follows: “Thereupon, it was, before the examination of any of the juror® on their voir dire, conceded by the defendant that the following named persons, to-jvit, Lem Strength, John Strength, Will Still, Martin Fuller, Dave Parker, Jim Pugh, Ben Martin, Jr., Tom Duncan, and Tom Dorrough were indicted at this special term of the court for the murder of Robert White alias Robin White at the same time and place that the defendant Thomas is ■indicted for, and that said parties are not indicted in the same indictment with defendant, but cinder differ
Charge No. 19 is involved and far from being clear. It was calculated to confuse and mislead the jury, and for that reason the court committed no error in refusing it.
Charge 16 requested by the defendant is incomplete. Where a word or words are omitted from-a charge, Which render it incomplete, it is not incumbent on the court to supply such omission in order to give it sense and meaning. The statute requires charges when requested in witting, to be given or refused as asked.
Charge 18, assuming the proof of suspicious facts, and at the same time ignoring the other evidence in the case, was misleading in its tendency, and for this reason if no other ivas bad and, therefore, properly refused.
There were exceptions reserved to other charges given and refused, but no comment is necessary, as it is conceded in argument by counsel for appellant, that there is no merit in these exceptions.
After evidence introduced from which the jury might reasonably infer the existence of a conspiracy, the declarations and conduct of a conspirator in furtherance of the common purpose are admissible in evidence against a co-conspirator. — Hunter v. State, 112 Ala. 77; Johnson v. State, 87 Ala. 39; McAnally v. Stale, 74 Ala. 9.
'There is no merit in the exceptions reserved to the rulings of ¡the court on the evidence.
We find no error in the record, and judgment must be affirmed.