Baynes v. State

Upon the trial of one of two defendants jointly indicted for murder, there was evidence tending to show that they both, about the same time, assaulted and wounded the person alleged to have been' killed, the defendant on trial using- a gun stock and a scantling, the other defendant shooting with a pistol, and that the person so wounded died several days thereafter from one or more of the wounds so indicted; but the evidence did not demand a finding that there was any conspiracy or common felonious design on the part of the defendants to take the life of such person, nor that any assault made…