Eager v. State

I respond in this concurring opinion to the contention of plaintiff in error, Hill, that his conviction cannot he sustained based upon the State’s theory that he was aiding and abetting Mrs. Eager in the crime as charged in the indictment. The argument is made that his presence in the car, and not operating it, does not sustain the charge against him. If this were the sole evidentiary fact the argument would be most persuasive, if not entirely convincing. Frankly I could not agree to affirm this conviction if the evidence supported this argument of counsel. But the evidence, as pointed out in…