State v. Potter

Clark, 0. J.,

dissenting. Tbe prisoner is not indicted for nor convicted of conspiracy, but of murder. His Honor told tbe jury that “The burden is upon tbe State to satisfy *732tbe jury beyond a reasonable doubt, not only that the killing was done by the prisoner or by his assistance, aid, help and assent or in consequence of concert and conspiracy with another, but also with deliberation and premeditation, * * and if you find that the prisoner slew the deceased with a deadly weapon, or that he conspired with or aided and abetted Boone in doing the killing with a deadly weapon, you will examine…