Chambers v. State

Bell, Justice.

The Court of Appeals requested instruction on the following question: “Where principals in the first and second degree and accessories before the fact are punishable alike, may one indicted for a felony as principal, under the Code, § 26-601, be convicted by a general verdict, as ‘We the jury find the defendant guilty/ when the evidence shows that such one is absent when the crime was committed, but conspired with the principals to commit the crime?” Immediately following the question, the court cited the Code, § 26-602, and numerous cases.

From the phraseology, and the…